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MILLISON v. E.I. DU PONT DE NEMOURS AND CO.

115 N.J. 252 (1989)

558 A.2d 461

WILLIAM B. MILLISON AND MARIE MILLISON, HIS WIFE; VERNON G. KRONMAIER AND DOROTHY KRONMAIER, HIS WIFE; SUSAN SCHWEBEL, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF HAROLD SCHWEBEL; CLARENCE SCHWEBEL AND GERALDINE SCHWEBEL, HIS WIFE; FRANK BAPTISTE AND CATHERINE BAPTISTE, HIS WIFE; AND EDWARD B. AGAR AND EILEEN AGAR, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. E.I. DU PONT DE NEMOURS AND COMPANY, WILLIAM E. NEELD, JR., M.D.; G.F. REICHWEIN, M.D., DEFENDANTS-APPELLANTS, AND JOHNSMANVILLE CORPORATION; OWENS-ILLINOIS, INC.; OWENS-CORNING FIBERGLAS CORPORATION; KEENE CORPORATION; CELOTEX CORPORATION; RAYBESTOS-MANHATTAN CORPORATION; SEPCO CORPORATION; AMATEX CORPORATION; PHILIP CAREY COMPANY; UNITED ASBESTOS AND RUBBER COMPANY, A/K/A UNARCO; ARMSTRONG CONTRACTING AND SUPPLY CORPORATION ACS INDUSTRIES, INC.; BIRD AND SONS, INC.; EAGLE-PICHER INDUSTRIES, INC.; FIBERBOARD CORPORATION; FIBERBOARD CORPORATION, PABCO DIV.; FORTY-EIGHT INSULATIONS, INC.; CHILDERS PRODUCTS COMPANY; GAF CORPORATION; PITTSBURGH CORNING CORP.; H.K. PORTER COMPANY; ROCK WOOL MANUFACTURING COMPANY; PHILADELPHIA ASBESTOS CORPORATION, D/B/A PACOR, INC.; SOUTHERN ASBESTOS COMPANY; DELAWARE INSULATION COMPANY; ARMSTRONG WORLD INDUSTRIES, INC.; GARLOCK, INC.; J.W. ROBERTS, LTD., A DIVISION OF TURNER & NEWALL, LTD.; JOHN DOE CORPORATIONS (1-47); ALBINAS SMULKSTYS, M.D.; JOHN DOE(S), M.D. AND RICHARD ROE, M.D., DEFENDANTS.

The Supreme Court of New Jersey.

Decided May 31, 1989.

Attorney(s) appearing for the Case

Thomas L. Morrissey argued the cause for appellants (Carpenter, Bennett & Morrissey, attorneys, Rosemary Alito, of counsel, Silvio J. DeCarli and Kevin P. Duffy on the brief).

David Jacoby argued the cause for respondents (Tomar, Seliger, Simonoff, Adourian & O'Brien, attorneys, David Jacoby, Joshua M. Spielberg and Esther Berezafsky, on the brief).

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

We affirm, substantially for the reasons expressed by the Appellate Division in its opinion reported at 226 N.J.Super. 572.

We add to the Appellate Division's thorough analysis only the following observations. Defendants contend that defendant Dr. William L. Neeld, an employee of defendant du Pont, cannot properly be held liable because there is no evidence that...

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