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MULTIPLEX CONCRETE CO., INC. v. BESSER CO.

153 N.J. Super. 531 (1977)

380 A.2d 708

MULTIPLEX CONCRETE CO., INC., PLAINTIFF-APPELLANT, v. BESSER COMPANY, A CORPORATION OF THE STATE OF MICHIGAN; WARNER ELECTRIC AND BRAKE CLUTCH COMPANY, A CORPORATION OF THE STATE OF ILLINOIS; STANCO ELECTRIC COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY; JOHN DOE CORP. (FICTITIOUS NAME); RICHARD ROE CORP. (FICTITIOUS NAME); ABC CORP. (FICTITIOUS NAME); XYZ CORP. (FICTITIOUS NAME), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 14, 1977.

Attorney(s) appearing for the Case

Mr. George J. Kenny argued the cause for appellant (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Mr. John J. Sheedy, Jr. argued the cause for respondent Besser Company (Messrs. Morgan, Melhuish, Monaghan & Spielvogel, attorneys).

Mr. Richard V. Jones argued the cause for respondent Warner Electric and Brake Clutch Company (Messrs. Stryker, Tams & Dill, attorneys).

Mr. Donald Horowitz argued the cause for respondent Stanco Electric Company (Messrs. Cummins, Dunn, Horowitz & Pashman, attorneys).

Before Judges MATTHEWS, CRANE and ANTELL.

PER CURIAM.

Plaintiff instituted this action against defendants Besser Company, Warner Electric and Brake Clutch Company, Stanco Electric Company and three fictitiously named corporations alleging that they negligently designed, manufactured, sold, serviced and installed a vibrator machine which was not properly equipped with a safety device, a steel cover guard, and thus was unreasonably dangerous to its operator...

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