No. A-2714-13T4.

HENRY W. LATTER, JR., individually and as Executor and Executor ad Prosequendum of the Estate of HENRY W. LATTER, SR., Plaintiff-Appellant, v. 3M COMPANY; ADVANCE STORES COMPANY, INCORPORATED, a/k/a Western Auto Supply Company; AUTOBACS STRAUSS, INCORPORATED, d/b/a Strauss Discount Auto, individually and as successor to R&S Strauss; BONDEX INTERNATIONAL, INCORPORATED; BORG-WARNER MORSE TEC, f/k/a Borg Warner; BOSCH BRAKING SYSTEMS CORPORATION; CBS CORPORATION, a Delaware Corporation, f/k/a Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation; CERTAINTEED CORPORPOATION; CHRYSLER, LLC; CLARK EQUIPMENT COMPANY, a/k/a Clark-Hurth; CNH AMERICA, LLC; CUMMINS, INCORPORATED; DANA COMPANIES, LLC, individually and as successor-in-interest to Clark Equipment Company and Clark-Hurth; EATON CORPORATION, d/b/a Airflex; EMERSON ELECTRIC CORPORATION, successor to Lipe Rollway Corporation; FORD MOTOR COMPANY; GKN ROCKFORD, INCORPORATED, individually and as successor to Rockford Clutch; GALION, GENERAL MOTORS CORPORATION; GEORGIA PACIFIC, LLC; GOODRICH CORPORATION, f/k/a B.F. Goodrich Company; HONEYWELL INTERNATIONAL, INCORPORATED, individually and as successor-in-interest to The Bendix Corporation; INGERSOLL-RAND COMPANY, individually and as successor-in-interest to Clark Equipment Company and Clark-Hurth; KAISER GYPSUM; KOMATSU AMERICA CORPORATION, individually and as successor-in-interest to Galion Iron Works; NATIONAL AUTOMOTIVE PARTS ASSOCIATION (NAPA), a/k/a Genuine Parts Company; THE PEP BOYS — MANNY MOE & JACK OF DELAWARE, INCORPORATED; PNEUMO-ABEX, LLC, as successor-in-interest to Abex Corporation, f/k/a American Brake Shoe Company; THE GLIDDEN COMPANY, d/b/a ICI Paints; THE SHERWIN-WILLIAMS COMPANY; UNION CARBIDE CORPORATION; DRAVO CORPORATION; LIPE AUTOMATION CORPORATION, f/k/a Lipe Rollway Corporation; ADVANCE STORE COMPANY, INC. and ADVANCE AUTO PARTS, INC. and ADVANCE AUTO PART, INC., individually and as successor to Western Auto Supply Co. and Western Auto; SETCO AUTOMOTIVE, N.A., INC., a/k/a Setco Lipe Clutch; ADVANCE STORES COMPANY, INC., individually and a/k/a Advanced Auto Parts, Inc.; E.I. DU PONT DE NEMOURS AND COMPANY; WESTERN AUTO SUPPLY CORP., individually and a/k/a Western Auto; NATIONAL OILWELL VARCO, L.P., as successor in interest to Hydralift AM Clyde, Inc. and AM Clyde Engineered Products, Inc., f/k/a Clyde Iron Works; SHEPARD NILES; SUPERIOR-LIDGERWOOD-MUNDY; KONECRANES, INC., as successor to and d/b/a Shepard-Niles; and PENNSYLVANIA S&N, INC., individually and as successor-in-interest to Shepard Niles., Inc., Defendants, and AMERICAN ATLANTIC COMPANY, as successor to American Dredging; WEEKS MARINE, INCORPORATED, individually and as successor to American Dredging Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 2015.

Attorney(s) appearing for the Case

Jeffrey P. Blumstein argued the cause for appellant (Szaferman, Lakind, Blumstein & Blader, P.C., and Levy Konigsberg, LLP, attorneys; Mr. Blumstein and Robert E. Lytle , on the briefs).

Tara L. Pehush argued the cause for respondents (K&L Gates, attorneys; Ms. Pehush, Angela DiGiglio , Michael E. Waller , on the brief).

Before Judges Maven and Carroll.


Plaintiff, Henry W. Latter, Sr.,1 was diagnosed with mesothelioma on June 24, 2008, as a result of his exposure to asbestos. He died from that disease on June 20, 2009. Prior to his death, he was employed on various commercial dredges and...

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