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LEWIS v. AMERICAN CYANAMID CO.

155 N.J. 544 (1998)

715 A.2d 967

PETER LEWIS, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. AMERICAN CYANAMID COMPANY, REALEX CHEMICAL CORPORATION, CHEMSICO INCORPORATED, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND DOES I THROUGH V, FICTITIOUS DESIGNATIONS, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 20, 1998.

Attorney(s) appearing for the Case

Dudley W. Von Holt, a member of the Missouri bar, argued the cause for appellant and cross-respondent United Industries Corporation appearing in place of Realex Chemical Corporation and Chemsico Incorporated in this action (Piper & Marbury, attorneys; Robert J. Assuncao, of counsel; Mr. Assuncao and Steven F. Gooby, on the briefs).

Anthony J. Marchetta, argued the cause for appellant and cross-respondent American Cyanamid Company (Pitney, Hardin, Kipp & Szuch, attorneys; Mr. Marchetta, Kathryn M. Decker, Suzanne M. Sofer and Ronald D. Coleman, on the briefs).

James M. Burke, argued the cause for respondent and cross-appellant (Mackevich, Burke & Stanicki, attorneys).

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

Plaintiff, Peter Lewis, was burned in an explosion that occurred while he was using two Combat Room Foggers manufactured by co-defendant United Industries Corp. (United) and sold by co-defendant American Cyanamid Co. (American). He brought failure-to-warn, manufacturing-defect, and design-defect claims against both defendants. The Law Division dismissed plaintiff's failure-to-warn claim, holding it was preempted...

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