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CARLSON RESTAURANTS WORLDWIDE, INC. v. DESIGNLINE CONSTRUCTION SERVICES, INC.

No. A-0506-07T3.

CARLSON RESTAURANTS WORLDWIDE, INC. and TGI FRIDAYS, INC., Plaintiffs-Appellants, v. DESIGNLINE CONSTRUCTION SERVICES, INC. and C.J. SCHMIDT & SONS, INC., Defendants-Respondents, and JMS SERVICES, Defendant/Third-Party Plaintiff-Respondent, and RESTAURANT SERVICES INTERNATIONAL, INC., RSI PARTNERS, LLC, DV8 DESIGN GROUP, SCOTT & GOBLE ARCHITECTS, INC. f/k/a TAYLOR SCOTT ARCHITECTS, INC., Third-Party Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 4, 2009.

Attorney(s) appearing for the Case

Mark E. Opalisky argued the cause for appellants Carlson Restaurants Worldwide, Inc. and TGI Friday's, Inc. (Cozen O'Connor, attorneys; Mr. Opalisky, on the briefs).

Robert A. Hicken argued the cause for respondent Designline Construction Services, Inc. (Capehart & Scatchard, attorneys; Mr. Hicken, of counsel; Patricia L. Dee, on the brief).

Edward J. Tucker argued the cause for respondent C.J. Schmidt & Sons, Inc. (Romando, Tucker, Zirulnik & Sherlock, attorneys; Mr. Tucker, on the brief).

Michael J. Revness argued the cause for respondent JMS Services (Kurtz & Revness, attorneys; Mr. Revness, on the brief).

Timothy R. Holman argued the cause for respondent Restaurant Services International, Inc. (Jonathan R. Westpy, attorney; Mr. Holman, on the brief).

Thompson Becker & Bothwell, attorneys for respondent Scott & Goble Architects, Inc. f/k/a/ Taylor Scott Architects, Inc., join in the briefs filed on behalf of other respondents.

Before Judges Rodríguez and Lyons.

PER CURIAM.

Carlson Restaurants Worldwide, Inc. (Carlson) appeals from the grant of summary judgment to all defendants on the issue of liability. We reverse.

This lawsuit arose from a kitchen fire on February 1, 2003, at the Cherry Hill TGIF's restaurant Carlson owns. The fire started and caused damage to the restaurant. Carlson alleges that this fire was caused when a broiler table, which was either negligently installed or defectively manufactured, created...

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