ANDERSON v. A.J. FRIEDMAN SUPPLY

Docket No. A-5892-07T1

3 A.3d 545 (2010)

416 N.J. Super. 46

Bonnie ANDERSON and John R. Anderson, Plaintiffs-Respondents, v. A.J. FRIEDMAN SUPPLY CO., INC., A.J. McNeil Co., Inc., A & M Wholesale Hardware Co., A.W. Chesterton, Co., Inc., Afton Pumps, Inc., American Industrial Supply Corp., Inc., American Standard, Inc., Atlas Turner Inc., Avocet Enterprises, successor to Vent Fabrics, Inc., Bryant Manufacturing Co., a division of Carrier Corp., BW/IP International Company, f/k/a Borg Warner Industrial Products Inc., a former subsidiary of and successor to Borg Warner Corporation, Byron Jackson Pumps, and United Pumps & Compressors, Calon Insulation Corp., Central Jersey Supply Company, C.E. Thurston & Sons, Inc., CertainTeed Corporation, formerly CertainTeed Products Corp., individually and as successor to Keasbey & Mattison Company, Chicago Bridge & Iron Company, Clark-Reliance Corporation, Cleaver Brooks Co., Collins Packing Co., Conval Inc., Cooper Industries, Inc., Cooper-Crouse Hinds, Crane Co., Crown Cork & Seal Company, Inc., individually and as successor to Mundet Cork Corporation, Dana Corporation, individually and as successor to Spicer Enterprises, Inc., and Victor Gaskets, DB Riley, Inc., individually and as successor to, and/or f/k/a DB Riley Stoker Corporation, and as successor to, and/or formerly doing business as Union Iron Works, Duct Mate Industries, Inc., Dunham Bush, Inc., Eastern Refractories Co., Inc., E & B Mill Supply Co., Elizabeth Industrial Hardware Co., a/k/a Elizabeth Industrial Supply Co., a division of Guyon General Piping, Inc., EMCO Fittings, Inc., individually and as successor to EMCO Stainless, Inc., Fisher Controls International, Inc., the Flintkote Company, Flowserve Corporation, individually and as successor to Duriron Company, Inc., Valtek Control Valves, and Wilson-Snyder Pumps, Ford, Bacon & Davis, Incorporated, Foster Wheeler Energy Corp., Furino & Sons, Inc., Garlock, Inc., General Refractories, Co., General Electric Co., Georgia Pacific, Inc., Goodyear Tire and Rubber Company and Goodyear Canada, Inc., Gorman-Rupp Company, Inc., Greene Tweed & Company, Goulds Pumps, Inc., H.B. Smith, Inc., Hudson Iron and Metal Company, Ideal Supply Company, IMO Industries, Inc., as successor to and f/k/a DeLaval Turbine, Transamerica DeLaval, and IMO DeLaval, Industrial Welding Supply, Inc., Ingersoll-Rand Co., J.H. France, John Crane, Inc., ITT Corporation, as parent of Bell & Gossett Division, The Johansen Company, John W. Wallace & Co., John Zink Company, individually and d/b/a Gordan-Piatt Energy Group Inc., Joule, Inc., individually and as successor to Joule Industrial Contractors, Kewanne-Ross Corp., individually and as a division of American Standard, Inc., Koenig Industrial Supply, Inc., individually and as successor to Koenig Hardware Company, Kraemer Gunite, Inc., La Bour Pump Co., Inc., Lawrence Pumps, Inc., Lennox Furnace Co., a/k/a Lennox Industries, Inc., Madsen & Howell, Inc., Magnatrol Valve Corporation, Marsam Valves & Fittings Corporation, Masoneilan International, Inc., Melrath Supply & Gasket Co., Inc., Milton Roy Company, Moser Brothers, Inc., National U.S. Radiator Division of Crane Co., Neles-Jamesbury, Inc., North Carolina Enterprises Co., Inc., as successor to EMCO Wheaton, Inc., individually and as successor to EMCO Stainless Inc., Pacific Steel Boiler Division of Crane Co., Petroleum Heat & Power Co., Inc., Pfaulder United States Inc., a/k/a Pfaulder Companies, Inc., Pfizer Inc., Pulmosan Safety Equipment Corporation, Quigley Co., Inc., Rapid-American Corporation, individually and as successor-in-interest to Phillip Carey Manufacturing Corp., Raritan Supply Company, individually and as successor to Bridge Supply Co., Raytheon Engineers & Constructors, Inc., individually and successor to United Engineers & Constructors, Inc., Record Industrial Company, Ring-O-Valve Incorporated, Robert A. Keasbey Co., Rockwell Manufacturing Company, Rosemount, Inc., Rutland Fire Clay Co., d/b/a Rutland Products, Safeguard Industrial Equipment Co., Schiavone-Bonomo Corporation, Slingman Industries, f/k/a Slingman Industrial Supply Company, Spirax Sarco Company, Inc., individually and as successor to Sarco Company, Inc., State Insulation Corp., Sterling Plastics and Rubber Products, Inc., Stewart-Warner Corp., Strahman Valves Inc., SVI Corporation, individually and as successor to Stockholm Valves & Fittings, Inc., T.J. McGlone & Co. Inc., the Anchor Packing Co., the Foxboro Company, the Walworth Company, Trilco Supply Company, Union Pump Co., Union Carbide Corp., Uniroyal, Inc., a/k/a U.S. Rubber Co., Utica Boilers, Inc., Viking Pump Co., Inc., Viacom Inc., successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation, Weil McLain, a division of The Marley Co., as successor-in-interest to Wylain Co., Welco Gases Corporation, Woolsulate Corporation, Worthington Corp., Yarway Corporation, formerly Yarnell Waring Company, York Industries Corp., Pulmosan Safety Equipment Co., and Infineum U.S.A., L.P., individually and as successor-in-interest to Enjay Chemical Company, Defendants, and Exxon Mobil Corporation, Defendant-Appellant, and Durabla Manufacturing Company, Defendant/Third-Party Plaintiff, v. Goodyear Tire and Rubber Company and Goodyear Canada, Inc., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 20, 2010.


Attorney(s) appearing for the Case

Christopher J. Keale argued the cause for appellant (Sedgwick, Detert, Moran & Arnold, L.L.P., attorneys; Michael A. Tanenbaum , Newark , of counsel and on the brief; Mr. Keale , on the brief).

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

Before Judges RODRÍGUEZ, REISNER and CHAMBERS.


The opinion of the court was delivered by

A.A. RODRÍGUEZ, P.J.A.D.

In this novel asbestos litigation, plaintiffs Bonnie and John R. Anderson, husband and wife, allege that Bonnie contracted mesothelioma from one or both exposures to asbestos at the Linden Bayway Refinery owned by defendant Exxon Mobil Corporation ("Exxon"). The first was bystander exposure from laundering John's asbestos-laden work clothes during his employment with Exxon from 1969 to...

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