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PEOPLE EXP. AIRLINES, INC. v. CONSOLIDATED RAIL

100 N.J. 246 (1985)

495 A.2d 107

PEOPLE EXPRESS AIRLINES, INC., PLAINTIFF-RESPONDENT, v. CONSOLIDATED RAIL CORPORATION, A NEW JERSEY CORPORATION; BASF WYANDOTTE COMPANY, A NEW JERSEY CORPORATION; AND UNION TANK CAR COMPANY, A DELAWARE CORPORATION, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 26, 1985.

Attorney(s) appearing for the Case

Louis A. Ruprecht argued the cause for appellant Consolidated Rail Corporation (McDermott, McGee & Ruprecht, attorneys).

John C. Heavey argued the cause for appellant Union Tank Car Company (Carpenter, Bennett & Morrissey, attorneys; Thomas M. Moore, on the brief).

Dennis M. Cavanaugh argued the cause for appellant BASF Wyandotte Company (Tompkins, McGuire & Wachenfeld, attorneys).

Raymond P. D'Uva argued the cause for respondent (Rodino, Forman & D'Uva, attorneys; Mr. D'Uva and Mary Ann Dubiel, on the brief).

The opinion of the Court was delivered by HANDLER, J.

This appeal presents a question that has not previously been directly considered: whether a defendant's negligent conduct that interferes with a plaintiff's business resulting in purely economic losses, unaccompanied by property damage or personal injury, is compensable in tort. The appeal poses this issue in the context of the defendants' alleged negligence that caused a dangerous chemical to escape from a railway...

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