BIVENS v. TAYLOR, WISEMAN & TAYLOR

Civil Action No. 06-CV-2780 (JEI).

511 F.Supp.2d 452 (2007)

Eugene BIVENS, and Denise Bivens, his wife, Plaintiffs, v. TAYLOR, WISEMAN & TAYLOR, Environmental Evaluation Group, Inc., Conoco Phillips Company, Conoco Phillips Corporation and/or Conoco Phillips, Inc., Exxon Mobil Corporation, and BNY Western Trust Company, Defendants. Taylor, Wiseman & Taylor, and Environmental Evaluation Group, Inc., Third-Party Plaintiffs, v. The Hartford Financial Services Group, Inc., Waterlink, Inc., Calgon Carbon Corporation, Barnebey Sutcliffe Corp., Conoco Phillips Company, Conoco Phillips Corporation and/or Conoco Phillips, Inc., Handex Environmental Recovery, Inc. and/or Handex Consulting & Remediation, LLC, and Thomas J. O'Beirne & Company, Inc., Third-Party Defendants.

United States District Court, D. New Jersey.

September 5, 2007.


Attorney(s) appearing for the Case

Segal Law Offices, PC by Alessandra L. O'Reilly, Esq., West Chester, PA, for Plaintiffs.

Thompson Becker & Bothwell, LLC by John M. Becker, Esq., John H. King, Esq., Cherry Hill, NJ, for Defendants/Third-Party Plaintiffs Taylor, Wiseman & Taylor and Environmental Evaluation Group, Inc.

Mendes & Mount, LLP by John M. Deitch, Esq., Newark, NJ, for Defendant/Third-Party Defendant ConocoPhillips Company.

White & Williams, LLP by Nicole L. Strauss, Esq., Robert G. Devine, Esq., Cherry Hill, NJ, for Third-Party Defendant The Hartford Financial Services Group, Inc.

Marks, O'Neill, O'Brien & Courtney, PC by Michael A. Kosar, Esq., Pennsauken, NJ, for Third-Party Defendant Thomas J. O'Beirne & Company, Inc.


OPINION

IRENAS, Senior District Judge.

On March 5, 2004, Plaintiff Eugene Bivens ("Plaintiff")1 was maintaining a carbon filtration vessel located in a shed when he tripped and fell into a hole, injuring his back. His sole allegation is that Defendant s2 acted negligently in allowing a dangerous condition to exist and in failing to warn of or repair the condition. (Compl. ¶ 12). The Court has...

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