ROWE v. BELL & GOSSETT CO.

A-16 September Term 2018 081602.

218 A.3d 784 (2019)

239 N.J. 531

Donna ROWE, individually and as Executrix and Executrix ad Prosequendum of the Estate of Ronald Rowe, Plaintiff-Respondent, v. BELL & GOSSETT COMPANY, a subsidiary of ITT Industries; Borg Warner Morse TEC, f/k/a Borg Warner; Bryant Manufacturing, n/k/a Carrier Corp.; Burnham LLC, individually and as successor to Burnham Corporation, individually and as successor-in-interest to Federal Boiler and Radiator Co.; Crane Co., individually and as successor to Jenkins Valves, Inc., a/k/a Jenkins Bros.; Crane Pumps & Systems, Inc.; Dana Companies, LLC, f/k/a Dana Corporation, individually and as successor-in-interest to Victor and Spicer; ECR International, Inc., as successor-in-interest to Dunkirk Radiator Corporation; General Electric Company; General Plumbing Supply, Inc., as successor-in-interest to Ridgewood Corp.; HB Smith Co., Inc.; Honeywell International, Inc., f/k/a Allied Signal, Inc., as successor-in-interest to The Bendix Corporation; J.H. France Refractories Company; Johnson Controls, Inc., individually and as successor-in-interest to York International Corp.; Lennox Furnace Co., a/k/a Lennox Industries; Nutley Heating & Cooling Supply Company; Peerless Industries, Inc. f/d/b/a Peerless Heater Co.; Ridgewood Corp.; Sid Harvey Industries, Inc.; Trane US, Inc., as successor to American Standard Inc.; Union Carbide Corp.; Weil-McLain Company, Inc.; Compudyne Corporation, individually and as successor to York-Shipley; New Jersey Plumbing Group, LLC, d/b/a Blackman Plumbing Supply Company, Inc., as successor-in-interest to Orange County Plumbing Supply Company and Ridgewood Corporation; Orange County Plumbing Group, LLC, as successor-in-interest to Orange County Plumbing Supply Co. and Ridgewood Corporation; York International, Inc., Defendants, and Hilco, Inc., as successor-in-interest to Universal Engineering Co., Inc., Defendant-Appellant.

Supreme Court of New Jersey.

Decided September 11, 2019.


Attorney(s) appearing for the Case

Patricia M. Henrich argued the cause for appellant (Reilly, McDevitt & Henrich, attorneys; Patricia M. Henrich, Philadelphia, and Brandy L. Harris , Winston-Salem, on the briefs).

Amber R. Long argued the cause for respondent (Levy Konigsberg, attorneys; Amber R. Long, New York, on the briefs).

Marc S. Gaffrey argued the cause for amicus curiae New Jersey Defense Association (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Marc S. Gaffrey, New Brunswick, on the brief).

Michael G. Donahue argued the cause for amicus curiae New Jersey Association for Justice (Stark & Stark, attorneys; Michael G. Donahue, Lawrenceville, on the brief).

McCarter & English, and Gibbons, et al., attorneys for amici curiae Honeywell International, Inc., et al. ( John C. Garde and Wilfred P. Coronato , Newark, of counsel and on the brief, Kim M. Catullo and Ethan D. Stein , New York, of counsel, and Steven H. Del Mauro , Newark, on the brief).

McGivney, Kluger & Cook, et al., attorneys for amici curiae Ace Plumbing & Electrical, et al. ( Thomas B. McNulty , William D. Sanders , and Trish L. Wilson , Florham Park, of counsel and on the brief).


Pursuant to the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8, and the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-1 to -5, a defendant may seek the allocation of a percentage of fault to a codefendant with whom the plaintiff has settled. Krzykalski v. Tindall

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