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BROOKS v. NEW JERSEY MANUFACTURERS INS. CO.

170 N.J. Super. 20 (1979)

405 A.2d 466

ULYSSES G. BROOKS AND HELEN F. BROOKS, HIS WIFE, PLAINTIFFS-APPELLANTS, v. NEW JERSEY MANUFACTURERS INSURANCE CO., LOCAL UNION # 126 GLASS BOTTLE BLOWERS ASSOCIATION OF THE UNITED STATES AND CANADA AND INTERNATIONAL UNION OF THE GLASS BOTTLE BLOWERS OF THE UNITED STATES AND CANADA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 27, 1979.

Attorney(s) appearing for the Case

Mr. Thomas J. Vesper argued the cause for appellants (Messrs. Valore, McAllister, Aron & Westmoreland, attorneys; Mr. Carl Valore, Jr., on the brief).

Mr. Richard D. Catenacci argued the cause for respondent New Jersey Manufacturers Insurance Co. (Messrs. Connell, Foley & Geiser, attorneys; Mr. Catenacci of counsel and on the brief).

Mr. Michael A. Kaplan argued the cause for respondent Local Union # 126, etc. (Messrs. Tomar, Parks, Seliger, Simonoff & Adourian, attorneys; Mr. Kaplan, on the brief).

Ms. Mary Maudsley Reiss argued the cause for respondent International Union, etc. (Messrs. Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, attorneys; Mr. Louis Niedelman and Ms. Reiss, on the brief).

Before Judges ALLCORN, SEIDMAN and BOTTER.

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

The only significant issue presented by this appeal is whether a member of a labor union, injured while at work, may sue the union in a negligence action for the claimed failure of the union's representatives on the plant safety committee to "report and remedy" an allegedly defective machine which caused the injury. This issue has not been considered in any reported case in this State; at least, none has been...

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