LATTER v. 3M COMPANY

No. A-2714-13T4.

HENRY W. LATTER, JR., individually and as Executor and Executor ad Prosequendum of the Estate of HENRY W. LATTER, SR., Plaintiff-Appellant, v. 3M COMPANY; ADVANCE STORES COMPANY, INCORPORATED, a/k/a Western Auto Supply Company; AUTOBACS STRAUSS, INCORPORATED, d/b/a Strauss Discount Auto, individually and as successor to R&S Strauss; BONDEX INTERNATIONAL, INCORPORATED; BORG-WARNER MORSE TEC, f/k/a Borg Warner; BOSCH BRAKING SYSTEMS CORPORATION; CBS CORPORATION, a Delaware Corporation, f/k/a Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation; CERTAINTEED CORPORPOATION; CHRYSLER, LLC; CLARK EQUIPMENT COMPANY, a/k/a Clark-Hurth; CNH AMERICA, LLC; CUMMINS, INCORPORATED; DANA COMPANIES, LLC, individually and as successor-in-interest to Clark Equipment Company and Clark-Hurth; EATON CORPORATION, d/b/a Airflex; EMERSON ELECTRIC CORPORATION, successor to Lipe Rollway Corporation; FORD MOTOR COMPANY; GKN ROCKFORD, INCORPORATED, individually and as successor to Rockford Clutch; GALION, GENERAL MOTORS CORPORATION; GEORGIA PACIFIC, LLC; GOODRICH CORPORATION, f/k/a B.F. Goodrich Company; HONEYWELL INTERNATIONAL, INCORPORATED, individually and as successor-in-interest to The Bendix Corporation; INGERSOLL-RAND COMPANY, individually and as successor-in-interest to Clark Equipment Company and Clark-Hurth; KAISER GYPSUM; KOMATSU AMERICA CORPORATION, individually and as successor-in-interest to Galion Iron Works; NATIONAL AUTOMOTIVE PARTS ASSOCIATION (NAPA), a/k/a Genuine Parts Company; THE PEP BOYS — MANNY MOE & JACK OF DELAWARE, INCORPORATED; PNEUMO-ABEX, LLC, as successor-in-interest to Abex Corporation, f/k/a American Brake Shoe Company; THE GLIDDEN COMPANY, d/b/a ICI Paints; THE SHERWIN-WILLIAMS COMPANY; UNION CARBIDE CORPORATION; DRAVO CORPORATION; LIPE AUTOMATION CORPORATION, f/k/a Lipe Rollway Corporation; ADVANCE STORE COMPANY, INC. and ADVANCE AUTO PARTS, INC. and ADVANCE AUTO PART, INC., individually and as successor to Western Auto Supply Co. and Western Auto; SETCO AUTOMOTIVE, N.A., INC., a/k/a Setco Lipe Clutch; ADVANCE STORES COMPANY, INC., individually and a/k/a Advanced Auto Parts, Inc.; E.I. DU PONT DE NEMOURS AND COMPANY; WESTERN AUTO SUPPLY CORP., individually and a/k/a Western Auto; NATIONAL OILWELL VARCO, L.P., as successor in interest to Hydralift AM Clyde, Inc. and AM Clyde Engineered Products, Inc., f/k/a Clyde Iron Works; SHEPARD NILES; SUPERIOR-LIDGERWOOD-MUNDY; KONECRANES, INC., as successor to and d/b/a Shepard-Niles; and PENNSYLVANIA S&N, INC., individually and as successor-in-interest to Shepard Niles., Inc., Defendants, and AMERICAN ATLANTIC COMPANY, as successor to American Dredging; WEEKS MARINE, INCORPORATED, individually and as successor to American Dredging Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 2015.


Attorney(s) appearing for the Case

Jeffrey P. Blumstein argued the cause for appellant (Szaferman, Lakind, Blumstein & Blader, P.C., and Levy Konigsberg, LLP, attorneys; Mr. Blumstein and Robert E. Lytle , on the briefs).

Tara L. Pehush argued the cause for respondents (K&L Gates, attorneys; Ms. Pehush, Angela DiGiglio , Michael E. Waller , on the brief).

Before Judges Maven and Carroll.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Plaintiff, Henry W. Latter, Sr.,1 was diagnosed with mesothelioma on June 24, 2008, as a result of his exposure to asbestos. He died from that disease on June 20, 2009. Prior to his death, he was employed on various commercial dredges and...

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