MUISE v. GPU, INC.


917 A.2d 261 (2007)

391 N.J. Super. 90

Madeline MUISE, individually and as owner and operator of Mediation and Therapy Associates, on behalf of herself and all other individuals and business entities similarly situated, Plaintiff-Appellant, v. GPU, INC., its subsidiaries, agents, servants and/or employees, Defendant, and Jersey Central Power & Light Company, f/d/b/a GPU Energy, its agents, servants and/or employees, Defendant-Respondent. George J. Tzannetakis and Paula R. Zaccone-Tzannetakis, husband and wife, Anne Jacoubs, Gerald Hoy and Kathleen Hoy, husband and wife, Lloyd Vaccarelli and Dorothy Vaccarelli, husband and wife, Frank Cracolici, Marmol, Inc., d/b/a Umberto Restaurant, Warren Abrahamsen, d/b/a Fairwinds Catering, C.K. Seafood, Inc., d/b/a Bayshore Fishery, Charles Kurica, Jr. and Janice Kurica, husband and wife, Foreign Cars of Monmouth, Inc., Rad Enterprises, Inc., d/b/a Krauszer Convenience Store, and Fair Haven Hardware, Inc., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. GPU, Inc., and its subsidiary companies, GPU Generation, Inc., and GPU Service, Inc., Defendants, and Jersey Central Power & Light Company, f/d/b/a GPU Energy, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 2007.


Attorney(s) appearing for the Case

Bruce D. Greenberg, Newark and Frank S. Gaudio, Red Bank, argued the cause for appellants (Lite DePalma Greenberg & Rivas, Newark and Miller, Gaudio, Bowden & Arnette, Red Bank, attorneys; Mr. Greenberg, Mr. Gaudio, and Scott C. Arnette, on the brief).

Douglas S. Eakeley, Roseland, argued the cause for respondent (Lowenstein Sandler, attorneys; Mr. Eakeley and Nicole Bearce Albano, of counsel; Gavin J. Rooney, Stephen M. Plotnick, and Natalie J. Kraner, on the brief).

Before Judges LINTNER, SELTZER and C.L. MINIMAN.


The opinion of the court was delivered by

LINTNER, J.A.D.

This appeal is from an order entered on July 10, 2006, decertifying plaintiffs' class consisting of electrical consumers who experienced electrical outages during the week of July 4, 1999, as a direct result of alleged negligence in delaying the replacement of two transformer banks at the Red Bank substation (Red Bank class). This represents the third time that this matter has been before an appellate...

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