ESTATE OF BRUST v. ACF INDUS.

Docket No. A-3431-13T4

127 A.3d 729 (2015)

443 N.J. Super. 103

ESTATE OF Sandra BRUST and Philip Brust, individually and as Executor and Executor ad Prosequendum of the Estate of Sandra Brust, Plaintiffs-Appellants, v. ACF INDUSTRIES, LLC, f/k/a American Car & Foundry Co.; Amsted Rail Group, individually and as successor to and d/b/a Griffin Wheel Company; Bombardier Transportation (Holdings) USA Inc.; CBS Corporation, a Delaware corporation, f/k/a Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corp.; Carrier Corporation; Certainteed Corp., individually and as successor-in-interest to Gustin Bacon; Eaton Corporation, as successor-in-interest to Eaton Electrical, Inc., and Cutler-Hammer, Inc.; Foster Wheeler Energy Corporation; General Electric Company; GE Leasing, individually and as successor to Itel Leasing, The Pullman Leasing Company and The Pullman Company; Grimes Aerospace Corporation, individually and as successor to FL Aerospace Corporation and Midland-Ross Corp.; Kawasaki Rail Car Inc.; New York Air Brake Corporation; Pullman Technology Inc., individually and as successor to The Pullman Company; Rockwell Automation Inc., as successor by merger to Allen-Bradley, Inc.; Siemens Energy & Automation, Inc., f/k/a I-T-E Circuit Breakers; Square-D Company; Thyssenkrupp Budd Co., f/k/a and as successor to The Budd Company; Trane US, Inc., f/k/a American Standard, Inc., f/k/a Westinghouse Air Brake Company; Trinity Industries, individually and as successor to The Pullman Transportation Company and The Pullman Company; Union Carbide Corp.; WABTEC Corporation, individually and as successor in interest to Westinghouse Air Brake Co. (WABCO) and MotivePower Industries, Inc.; Gould Electronics, Inc., individually and as successor-in-interest to ITE Circuit Breakers; Old Orchard Industrial Corp., individually and as successor-in-interest to Vapor Corporation; and Amsted Industries, Inc., f/k/a American Steel Foundries (ASF), Defendants, and Delaware River Port Authority (DRPA), individually and d/b/a Port Authority Transit Corporation (PATCO); Honeywell International, Inc., f/k/a Allied Signal, Inc. as successor-in-interest to The Bendix Corporation; Pep Boys-Manny Moe & Jack of Delaware, Inc.; Pneumo-Abex, LLC, as successor-in-interest to Abex Corporation, f/k/a American Brake Shoe Company; Port Authority Transit Corporation (PATCO); and Railroad Friction Products Corporation, individually and d/b/a Cobra, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 2015.


Attorney(s) appearing for the Case

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

Christopher R. Gibson argued the cause for respondent Delaware River Port Authority and Port Authority Transit Corporation (Archer & Greiner, attorneys; Mr. Gibson , of counsel and on the brief; Patrick M. Flynn , Haddonfield, on the brief).

John C. Garde argued the cause for respondent Honeywell International Inc., f/k/a Allied Signal, Inc. as successor-in-interest to The Bendix Corporation (McCarter & English, LLP and Gibbons, P.C., attorneys; Debra M. Perry , Newark, Kim M. Catullo , and Ethan D. Stein , of counsel; Mr. Garde and Jean Patterson , Newark, on the brief).

Walter F. Kawalec, III , argued the cause for respondent Pep Boys — Manny Moe & Jack of Delaware, Inc. (Marshall Dennehey Warner Coleman & Goggin, attorneys; Paul Johnson , Lisa Only, and Mr. Kawalec , Cherry Hill, on the brief).

Reagan W. Simpson (Yetter Coleman LLP) of the Texas bar, admitted pro hac vice, argued the cause for respondent Pneumo Abex, LLC ( Roy F. Viola, Jr. (Hawkins Parnell Thackston & Young LLP), and Mr. Simpson , attorneys; Mr. Viola and Mr. Simpson , on the brief).

David J. Bird (Reed Smith LLP) of the Pennsylvania bar, admitted pro hac vice, argued the cause for respondent Railroad Friction Products Corporation (Bonner Kiernan Trebach & Crociata, LLP, attorneys; Mark A. Lockett , on the brief).

Before Judges ALVAREZ, OSTRER, and MANAHAN.


The opinion of the court was delivered by

Plaintiffs, the Estate of Sandra Brust and Philip Brust, appeal from the summary judgment dismissal of their complaint. Sandra Brust (Brust) was diagnosed with mesothelioma in October 2010, and passed away from the disease while this litigation was pending. Plaintiffs allege Brust...

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