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BROTHERTON v. CELOTEX CORP.

202 N.J. Super. 148 (1985)

493 A.2d 1337

DONALD H. BROTHERTON AND NELLIE BROTHERTON, HIS WIFE, PLAINTIFFS, v. CELOTEX CORPORATION, RAYMARK INDUSTRIES, INC., GARLOCK, OWENS ILLINOIS, OWENS CORNING, EAGLE PICKER, DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided March 15, 1985.

Attorney(s) appearing for the Case

Richard S. Mannella for plaintiffs Donald and Nellie Brotherton (Ergood & Gavin, attorneys).

Louis N. Magazzu for defendant Celotex Corporation (Buonadonna, Benson & Speziali, attorneys).

Todd Brandon Eder for defendant Raymark Industries, Inc. (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).

Joseph L. Garrubbo for defendant Garlock.

Richard P. O'Leary for defendant Owens Illinois (McCarter & English, attorneys).

Jonathan A. Eron for defendant Owens Corning (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys).

Bruce M. Gunn for defendant Eagle Picker (Martin, Crawshaw & Mayfield, attorneys).

VAN SCIVER, J.S.C.

This is an asbestos-related personal injury action. Plaintiffs, in addition to compensatory damages, seek to recover punitive damages against various defendants, including the Celotex Corporation. The claim against Celotex is based upon activities by its predecessor corporation to conceal knowledge concerning the health risks posed by exposure to asbestos.

In this motion for partial summary judgment, Celotex seeks a ruling that it cannot...

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