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RUBANICK v. WITCO CHEMICAL CORP.

225 N.J. Super. 485 (1988)

542 A.2d 975

PATRICIA RUBANICK, EXECUTRIX OF THE ESTATE OF RONALD G. RUBANICK, AND PATRICIA RUBANICK, GUARDIAN AD LITEM FOR DAMIEN RUBANICK AND RONALD C. RUBANICK, INFANTS, PLAINTIFFS, v. WITCO CHEMICAL CORP. (FOR DISCOVERY), WITCO CHEMICAL CORP., MONSANTO COMPANY (FORMERLY MONSANTO CHEMICAL CORP.), ABC CORP. (A FICTITIOUS CORPORATION); DEF CORPORATION (A FICTITIOUS CORPORATION); JOHN DOE (IDENTITY UNKNOWN) AND CARL DOE (IDENTITY UNKNOWN), DEFENDANTS.

Superior Court of New Jersey, Law Division (Civil), Middlesex County.

Decided April 29, 1988.

Attorney(s) appearing for the Case

Edith K. Payne and Michael Dore for defendant Monsanto (Stryker, Tams & Dill).

Alfred F. Russo, for plaintiffs (Russo & Casey).

HAMLIN, J.S.C.

Defendant Monsanto Chemical Company brings this motion in limine to exclude the testimony of plaintiff's sole expert in this toxic tort wrongful death action. Plaintiff's decedent, Ronald Rubanick, was employed by Witco Chemical Company from 1974 to 1979 at its Perth Amboy facility. In 1979 Rubanick was diagnosed as suffering from colon cancer which had reached stage four, having already metastasized to other sites. Despite aggressive treatment...

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