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WASHINGTON v. SYSTEMS MAINTENANCE

260 N.J. Super. 505 (1992)

616 A.2d 1352

KENNETH A. WASHINGTON AND JANE WASHINGTON, HIS WIFE, PLAINTIFFS, v. SYSTEMS MAINTENANCE CORPORATION, POLYMARK FUTURAIL, JOHN DOE COMPANY AND RICHARD ROE COMPANY, DEFENDANT-THIRD PARTY PLAINTIFFS, v. POLYMARK FUTURAIL AND BRIM LAUNDRY MACHINERY CO., THIRD PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

October 8, 1992.

Attorney(s) appearing for the Case

Charles F. Kenny for plaintiffs (Wilentz, Goldman & Spitzer, attorneys).

Gary Matano and Frank D. Samperi for defendant Systems Maintenance Corp. (De Yoe, Heissenbuttel & Mattia, attorneys).

Michael A. Sicola, for defendant-third party plaintiff Polymark Futurail (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).

OPINION

CASSINI, J.S.C.

Defendants, Systems Maintenance Corporation (hereafter SMC) and Polymark Futurail (hereafter Polymark), both move for summary judgment. The questions presented are whether New Jersey's or California's statute of limitations should apply with respect to plaintiff's personal injury claim and if plaintiff has misapplied the fictitious defendant rule, Rule 4:26-4. These motions arise from the following factual setting.

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