OSEPH CHERILUS, ET AL. VS. FEDERAL EXPRESS, ET
AL.
A-1285-12T2
Claims against the designer/manufacturer of a torklift (air cargo lift), specially designed for a Federal Express facility and affixed to the loading dock, were correctly dismissed as barred by the ten-year statute of repose, N.J.S.A. 2A:14-1.1(a). Also, plaintiffs could not effectively assign their tort claims against the designer/manufacturer to the settling defendant. And the settling defendant did not preserve its right to seek contribution under the Joint Tortfeasors Contribution Act, N.J.S.A. 2A:53A-3, when it settled with plaintiffs and filed a stipulation of dismissal rather than allow a "money judgment" to be entered in favor of plaintiffs. 04/02/14 J
A-1285-12T2
Claims against the designer/manufacturer of a torklift (air cargo lift), specially designed for a Federal Express facility and affixed to the loading dock, were correctly dismissed as barred by the ten-year statute of repose, N.J.S.A. 2A:14-1.1(a). Also, plaintiffs could not effectively assign their tort claims against the designer/manufacturer to the settling defendant. And the settling defendant did not preserve its right to seek contribution under the Joint Tortfeasors Contribution Act, N.J.S.A. 2A:53A-3, when it settled with plaintiffs and filed a stipulation of dismissal rather than allow a "money judgment" to be entered in favor of plaintiffs. 04/02/14 J
