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DiFALCO v. SUBARU OF AMERICA, INC.

244 N.J. Super. 530 (1990)

582 A.2d 1284

CHERYL A. DIFALCO, PLAINTIFF-RESPONDENT, v. SUBARU OF AMERICA, INC., FUJI HEAVY INDUSTRIES, LTD., AND TAKATA CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 1990.

Attorney(s) appearing for the Case

James N. Tracy argued the cause for appellant Takata Corporation (Morley, Cramer, Tansey, Haggerty & Fanning, attorneys; Thomas F. Tansey, of counsel; James N. Tracy, on the brief).

Jeffrey A. Bartolino, Deputy Attorney General, argued the cause for Intervenor, Attorney General (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Jeffrey A. Bartolino, Deputy Attorney General, on the brief).

McCarter & English submitted a brief on behalf of amici curiae Pittsburgh Corning Corporation and Carey Canada, Inc.

Goldfein & Joseph submitted a brief on behalf of amicus curiae Atlas-Turner, Inc.

Before Judges ANTELL, O'BRIEN and SCALERA.

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

This appeal challenges an interlocutory order denying the motion of defendant Takata Corporation (hereinafter "Takata") for summary judgment under the statute of limitations, N.J.S.A. 2A:14-2, and sustaining the constitutionality of New Jersey's tolling statute, N.J.S.A. 2A:14-22. Plaintiff does not appear in defense of this appeal, and the statute's constitutionality is defended by the Attorney...

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