• NJ Supreme Court Asked to Consider Bare Metal Defense
  • August 22, 2014 | Authors: Armand J. Della Porta; Paul C. Johnson; Timothy D. Rau
  • Law Firms: Marshall Dennehey Warner Coleman & Goggin, P.C. - Wilmington Office ; Marshall Dennehey Warner Coleman & Goggin, P.C. - Cherry Hill Office ; Marshall Dennehey Warner Coleman & Goggin, P.C. - Philadelphia Office
  • As a follow up to the case of Hughes v. A.W. Chesterton, 2014 N.J. Super. LEXIS 54 (App. Div. 2014), which was reported in the May issue of Legal Update for Toxic Torts, the Plaintiff has petitioned to New Jersey to consider the issue of "whether a manufacturer, which has a duty to warn of the asbestos hazards created by the foreseeable replacement of its finished products’ component parts with other asbestos-containing replacement parts ... is relieved of liability for breach of that duty when the components have been replaced by those of another unidentifiable supplier ....”

    In Hughes, the New Jersey Superior Court essentially recognized the bare metal defense for equipment manufacturers in asbestos cases.

    It has not yet been decided whether the Supreme Court will grant the plaintiff's request for certification of the appeal.