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DAVILA v. CONTINENTAL CAN CO.

205 N.J. Super. 205 (1985)

500 A.2d 721

GEORGE DAVILA AND MARIA DAVILA, PLAINTIFFS-RESPONDENTS, v. CONTINENTAL CAN CO., AND/OR JOHN DOE, 1 THROUGH 5, (FICTITIOUS ENTITIES).

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1985.

Attorney(s) appearing for the Case

Terrence Dwyer argued the cause for the appellant (Williams, Caliri, Miller & Otley, attorneys; Terrence Dwyer, Daniel Kinburn and David Golub on the brief).

Bertram J. Glassner argued the cause for the respondent (Wysoker, Glassner & Weingartner, attorneys; Raul I. Gonzalez on the brief).

Before Judges FURMAN and COHEN.

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

Defendant Continental Can Co. (hereinafter defendant) appeals by leave from the denial of its motion for dismissal of plaintiff's action against it. We sustain the result below.

Plaintiff, an employee of defendant, was injured in the course of his employment while operating a band saw. He has pursued a workers' compensation remedy. Without knowledge of the identity of the manufacturer or distributor...

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