BUTTITTA v. ALLIED SIGNAL, INC.

Nos. A-5263-07T1, A-5268-07T1

SUSAN M. BUTTITTA, Individually and as Executrix to the Estate of MARK BUTTITTA, Plaintiff-Respondent, v. ALLIED SIGNAL, INC., ALLIED CORPORATION, ALMA PRODUCTS CO., ASBESTOS FIBRE CORP., BORG & BECK, C.L. ZIMMERMAN CO., C.L. ZIMMERMAN of DELAWARE, a successor corporation to C.L. ZIMMERMAN COMPANY, GENERAL MOTORS CORP., HONEYWELL INTERNATIONAL, INC., a successor corporation to ALLIED-SIGNAL, INC., and as a successor in interest to HONEYWELL INTERNATIONAL, INC. and BENDIX, LAKE ASBESTOS OF QUEBEC, LTC., MULTIC-HEVROLET, INC., NATIONAL GYPSUM CO., RAYMARK INDUSTRIAL DIVISION, UNION CARBIDE CORP., UNION INSULATING CO., ABEX CORPORATION, AMCO, BONDALL COMPANY, CANADIAN JOHNS-MANVILLE, C. ITUH & CO. (AMERICA), INC., CARLISLE CORPORATION, DAIKIN, DELPHI AUTOMOTIVE SYSTEMS, a/k/a DELPHI CORPORATION, L.L.C., EATON BRAKE DIVISION, EATON CORPORATION, FERODO, FRICTION PRODUCTS DIVISION, ITT AMCO, JOHN HASSALL, INC., KELSEY HAYES COMPANY, KELSEY PRODUCTS DIVISION, LUK, INC., MARSHALL ECLIPSE, MULTIBESTOS, RAYBESTOS MANHATTAN, INC., ROCKWELL AXLE DIVISION, ROCKWELL BRAKE DIVISION, ROCKWELL INTERNATIONAL, UNIBOND, UNIBOND BRAKE, INC., UNIVERSAL FRICTION, and WAGNER ELECTRIC CORPORATION, Defendants, and ASBESTOS CORPORATION, LTD., and BORG-WARNER CORPORATION, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 2010.


Attorney(s) appearing for the Case

Paul J. Zidlicky (Sidley Austin, L.L.P.) of the Washington, D.C. bar, admitted pro hac vice, argued the cause for appellant Borg-Warner Corporation (Hoagland, Longo, Moran, Dunst & Doukas, L.L.P., and Mr. Zidlicky, attorneys; Mr. Zidlicky, Carter G. Phillips (Sidley Austin, L.L.P.) of the Washington, D.C. bar, admitted pro hac vice, Timothy E. Kapshandy (Sidley Austin, L.L.P.) of the Washington, D.C. bar, admitted pro hac vice, Nora J. Grimbergen and Sarah E. Newsome, of counsel and on the brief).

Deborah M. Knight (Goldfein & Joseph) of the Pennsylvania bar, admitted pro hac vice, argued the cause for appellant Asbestos Corporation Limited (Madhurika Jeremiah and Ms. Knight, attorneys; Ms. Jeremiah, of counsel and on the brief; Brooke A. Bonett, on the brief).

Arnold C. Lakind argued the cause for respondent (Szaferman, Lakind, Blumstein & Blader, and Levy, Phillips & Konigsberg, attorneys; Mr. Lakind, Jeffrey P. Blumstein and Moshe Maimon, of counsel and on the brief).

Before Judges Axelrad, Fisher and Sapp-Peterson.


PER CURIAM.

Mark Buttitta died of mesothelioma, a rare and fatal cancer caused by exposure to asbestos. His widow, plaintiff Susan M. Buttitta, as personal representative of the estate, brought this action against numerous defendants, alleging that Mark contracted mesothelioma when directly exposed to asbestos at a General Motors (GM) warehouse, where he worked during several summers in the early 1970's, and indirectly, from contact with his father, who worked for...

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