FRANKLIN MUTUAL INSURANCE COMPANY, as Subrogee of Belcher's Village Market, Plaintiff-Appellant,
v.
JERSEY CENTRAL POWER & LIGHT COMPANY, d/b/a GPU Energy, Defendant-Respondent, and
John Does, 1 through 100 (fictitious names), Defendants.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 7, 2006.
Decided July 27, 2006.
Attorney(s) appearing for the Case
Mauro C. Casci, Leonardo, argued the cause for appellant (Mr. Casci, attorney; Adam E. Levy, High Bridge, on the briefs).
Gavin J. Rooney, Roseland, argued the cause for respondent (Lowenstein Sandler, attorneys, Mr. Rooney and Matthew R. Savare, on the briefs).
Cristina N. Patel, Deputy Attorney General, submitted a brief on behalf of amicus curiae New Jersey Board of Public Utilities (Zulima V. Farber, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).
Susan Stryker, Trenton, submitted a brief on behalf of amici curiae Insurance Council of New Jersey, Property Casualty Insurers Association of America and National Association of Mutual Insurance Companies (Sterns & Weinroth, attorneys; Ms. Stryker, Mitchell A. Livingston and Erica S. Helms, on the brief).
Stephen B. Genzer, submitted a brief on behalf of amicus curiae New Jersey Utilities Association (Saul Ewing, attorneys, Newark; Mr. Genzer and Mark L. Mucci, on the brief).
Supreme Court of New Jersey.
PER CURIAM.
In Weinberg v. Dinger,106 N.J. 469, 495, 524 A.2d 366 (1987), we held, in accordance with modern principles of tort liability, that a utility has a duty to act with reasonable care in the provision of service to foreseeable users, rejecting a line of cases that was based solely on the then-current tort law notion that a defendant owed no duty of care to a third party with whom no...
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