Severns v. Concord Chemical Co.

FRATTO, J.S.C.

These cases involve the conflict which arises when a trial judge is called upon to apply the law as enacted by the Legislature where it appears to conflict with an interpretation of the Appellate Division.

These companion cases come before the court on motions to dismiss the complaint as to each plaintiff, based upon the “Fireman’s Rule.”

Plaintiffs first argue that defendant’s motion is in the nature of summary judgment and should not be heard at this time, pending further discovery. Defendant’s motion is properly brought under R. 4:6-2(e), failure to state a claim upon which…