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OLIVO v. EXXON MOBIL CORP.

872 A.2d 814 (2005)

377 N.J. Super. 286

Anthony OLIVO, Plaintiff-Appellant, v. EXXON MOBIL CORPORATION, Defendant-Respondent, and Owens-Illinois, Inc.; Owens-Corning Corp.; GAF Corp.; Garlock, Inc.; Fibreboard Corp.; Armstrong World Industries, Inc.; Turner-Newall, Ltd.; Monsanto; United States Gypsum Co.; Asbestos Claims Management Corp. (f/k/a National Gypsum Co.); Foster Wheeler Corp.; Flintkote Co.; Flexitallic, Inc.; A.P. Green Industries, Inc.; Brand Insulation Co.; AC and S, Inc.; Melrath Gasket, Inc.; Jam Industries, Inc.; Durametallic, Inc.; W.R. Grace Co.; Rapid American Corp.; Crown, Cork, & Seal, itself and as successor to Mundet Cork; Raytheon Engineers (formerly United Engineers); U.S. Mineral Products Co.; U.S. Rubber Co.; E.I. DuPont deNemours and Co., Inc.; Texaco, Inc.; B.F. Goodrich; and Shell Chemical Corp., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 2005.

Attorney(s) appearing for the Case

Joshua M. Spielberg, Cherry Hill, argued the cause for appellant (Shivers, Spielberg, Gosnay & Greatrex, attorneys; Mr. Spielberg, on the brief).

James C. Orr, Newark, argued the cause for respondent (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. Orr and Carolyn F. O'Connor, of counsel, and Amy Renee Bales, on the brief).

Before Judges CONLEY, BRAITHWAITE and LISA.

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

This appeal is from a summary judgment dismissing a survival and wrongful death action filed by plaintiff Anthony Olivo on his own behalf and on behalf of his deceased wife, Eleanor Olivo ("decedent"), against thirty-two named defendants that manufactured, supplied or installed asbestos products, or owned premises where asbestos products were used. Plaintiff labored as a welder/steamfitter at various...

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