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THEER v. PHILIP CAREY CO.

259 N.J. Super. 40 (1992)

611 A.2d 148

ROSE MARIE THEER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JOSEPH THEER, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. PHILIP CAREY CO., ET ALS., DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS. ROSE MARIE THEER, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. PHILIP CAREY CO., ET ALS., DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 4, 1992.

Attorney(s) appearing for the Case

Karl Asch argued the cause for appellant/cross respondent (Karl Asch, P.A., attorney; Karl Asch of counsel; Benjamin D. Leibowitz and Karl Asch on the brief and reply brief).

Charles F. Rysavy argued the cause for respondents/cross-appellants (McCarter & English, attorneys for respondents Pittsburgh-Corning Corp., Fibreboard Corporation, Owens-Illinois, Inc., Keene Corporation; Andrew T. Berry, of counsel and on the reply letter brief; Charles F. Rysavy and Patrick Perrone on the brief; McAllister, Westmoreland, Vesper & Schwartz, P.C., attorneys for respondent Manville Corp. Asbestos Disease Compensation Fund; Carl J. Valore, of counsel; John M. Capasso and Jeffrey H. Sutherland on the brief).

Before Judges PETRELLA, ARNOLD M. STEIN and KESTIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

Rose Marie Theer sues for the wrongful death of her husband, Joseph, which she claimed resulted from his continued exposure to defendants' asbestos products during his working years; and for her own injuries resulting from secondary exposure to asbestos. She appeals the verdict of no cause for action entered on all claims.

Joseph Theer died of lung cancer on August 1, 1986. Many of the facts...

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