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KOLAKOWSKI v. THOMAS MFG. CORP.

88 N.J. Super. 478 (1965)

212 A.2d 786

ANNE MARIE KOLAKOWSKI, A/K/A ANNE MARIE PINO, AS PARENT AND NATURAL GUARDIAN OF MARIANNE PINO AND WILLIAM PINO, INFANTS, SUBSTITUTED FOR EDWARD PINO, DECEASED, PETITIONER-APPELLANT, v. THOMAS MANUFACTURING CORPORATION, RESPONDENT-APPELLEE. PETER EDWARD PINO AND MICHAEL PINO, SONS OF EDWARD PINO, DECEASED, BY ROSALYN AMANIERA, MOTHER AND NATURAL GUARDIAN, PETITIONER-APPELLANT, v. THOMAS MANUFACTURING CORPORATION, RESPONDENT-APPELLEE.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1965.

Attorney(s) appearing for the Case

Mr. Graham Roskein argued the cause for Marianne Pino and William Pino (Mr. William F. Nies, attorney).

Mr. Seymour B. Jacobs argued the cause for Peter Edward Pino and Michael Pino (Messrs. Balk & Jacobs, attorneys).

Mr. Isidor Kalisch argued the cause for Thomas Manufacturing Corporation.

Before Judges GAULKIN, FOLEY and COLLESTER.

The opinion of the court was delivered by GAULKIN, S.J.A.D.

On October 21, 1957 Edward Pino suffered an injury to the right testicle while at work. Embryonal carcinoma (cancer) developed in the testicle and, on January 31, 1958, it was excised. Thereafter, from February 20 to April 28, 1958 he was subjected to 47 treatments of deep x-ray radiation therapy. He died on September 25, 1960.

Prior to his death, decedent filed a claim for workmen's compensation...

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