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HOLLOWAY v. STATE

125 N.J. 386 (1991)

593 A.2d 716

CONSTANCE HOLLOWAY, PLAINTIFF, v. STATE OF NEW JERSEY, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. MUSKIN CORPORATION; MUSKIN, INC.; KDI SYLVAN POOLS, INC.; AND PELICAN SWIM AND SKI CENTER, INC., THIRD-PARTY DEFENDANTS AND FOURTH-PARTY PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. SK PLASTICS CORPORATION, FOURTH-PARTY DEFENDANT.

The Supreme Court of New Jersey.

Decided July 29, 1991.

Attorney(s) appearing for the Case

Benjamin Clarke, Deputy Attorney General, argued the cause for appellant and cross-respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel).

William T. Connell, argued the cause for respondents and cross-appellants Muskin Corporation and Muskin, Inc. (Dwyer, Connell & Lisbona, attorneys).

James H. Knox argued the cause for respondent and cross-appellant Pelican Swim & Ski Center, Inc. (Gebhardt & Kiefer, attorneys).

Keith G. Von Glahn argued the cause for respondent and cross-appellant KDI Sylvan Pools, Inc. (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Karen H. Moriarty, on the brief).

PER CURIAM.

This complex litigation arises from a swimming pool accident that left a prison inmate crippled. The prisoner sued the State under the Tort Claims Act. The State in turn impleaded various third-party defendants involved in the manufacture and distribution of the pool, asserting that they were liable under principles of negligence and strict products liability. Its actions against those so-called "pool defendants" included claims for indemnification and...

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