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CHERILUS v. FEDERAL EXP.

DOCKET NO. A-1285-12T2

87 A.3d 269 (2014)

435 N.J. Super. 172

Joseph CHERILUS and Marie Cherilus, his wife, Plaintiffs, v. FEDERAL EXPRESS (For Discovery Purposes Only), Defendant, and Linc Facilities Services, Defendant/Third-Party Plaintiff-Appellant, v. Columbus McKinnon Corporation a/k/a American Lifts, Defendant/Third-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 2014.

Attorney(s) appearing for the Case

David L. Wysnewski argued the cause for appellant (Barry, McTiernan & Moore, New York, attorneys; Mr. Wysnewski and Laurel A. Wedinger-Gyimesi , on the brief).

John E. Tyrrell argued the cause for respondent ( Hollstein Keating Cattell Johnson & Goldstein, P.C., attorneys; Mr. Tyrrell, on the brief).

Before Judges ASHRAFI, ST. JOHN and LEONE.

The opinion of the court was delivered by

ASHRAFI, J.A.D.

Plaintiff Joseph Cherilus was injured on a cargo lift at a Federal Express facility where he worked. He and his wife sued the company responsible for maintaining the lift, Linc Facilities Services (LFS). LFS filed a third-party claim of product liability against the manufacturer of the lift, Columbus McKinnon Corporation, which also uses the name American Lifts. The trial court granted summary judgment...

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