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LIVINGSTON BD. OF EDUC. v. U.S. GYPSUM CO.

249 N.J. Super. 498 (1991)

592 A.2d 653

LIVINGSTON BOARD OF EDUCATION, PLAINTIFF-APPELLANT, v. UNITED STATES GYPSUM COMPANY, ELSASSER & MILLER, A.A. LAFOUNTAIN, INC., JOHN DOE A AND JOHN DOE B, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1991.

Attorney(s) appearing for the Case

James S. Rothschild and Charles E. Reuther argued the cause for appellant (Riker, Danzig, Scherer, Hyland & Perretti, attorneys, James S. Rothschild of counsel, James S. Rothschild, Charles E. Reuther and Beatrix W. Shear on the brief).

Kell M. Damsgaard, pro hac vice, argued the cause for respondent United States Gypsum Company (Robinson, St. John & Wayne, and Morgan, Lewis & Bockius, attorneys, Keven G. Blessing and Kell M. Damsgaard on the brief).

Before Judges KING, LONG and R.S. COHEN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

Plaintiff Livingston Board of Education says that it discovered in 1983 that ceilings in its Heritage School contained asbestos fibers. The Board had the Heritage School built in the mid-1960s. The architect, a predecessor of defendant Elsasser & Miller, specified the use of a ceiling product called Audicote, which was made by defendant United States Gypsum Company. It was installed by the general contractor...

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