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LITAROWICH v. WIEDERKEHR

170 N.J. Super. 144 (1979)

405 A.2d 874

NATALIE LITAROWICH, AN INFANT BY HER GUARDIAN AD LITEM WALTER LITAROWICH AND WALTER LITAROWICH, INDIVIDUALLY, PLAINTIFFS, v. FRANCIS WIEDERKEHR, JOSEPHINE WIEDERKEHR, EUGENE WIEDERKEHR, ESKA COMPANY, A CORPORATION OF IOWA, R & S HOME AND AUTO STORES, THE ESKA COMPANY, A DELAWARE CORPORATION, AND TALLEY INDUSTRIES, INC., A DELAWARE CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

July 23, 1979.

Attorney(s) appearing for the Case

Mr. Christopher R. Wood for plaintiff (Messrs. Rafano & Wood, attorneys).

Mr. Stephen O. Mortenson for defendants The Eska Company and Talley Industries, Inc. (Messrs. Connell, Foley & Geiser, attorneys).

Messrs. McMenaman & Grasso, attorneys for defendant R & S Home and Auto Stores.

Mr. Eugene F. Lynch for defendants Wiederkehr.

COHEN, J.S.C.

The infant plaintiff was injured in 1976 while using an allegedly defective snowblower. She sued the owner and the retailer of the snowblower and several other defendants. One was The Eska Company, an Iowa corporation that made the machine in 1966. Another was Talley Industries, Inc., a publically traded Delaware corporation that purchased the assets of Eska (Iowa) in 1969. A third was The Eska Company, a Delaware subsidiary of Talley that was formed...

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