When a defendant wears “two hats,” and the cause of the injury is attributable to both, the responsibility should be allocated between the two. Dziewiecki v. Bakula, Grobels, Inc., and Fox Pools, A-33/34 September Term 2003, Supreme Court of New Jersey, Aug. 3, 2004.

An individual was injured in an accident in a swimming pool that had been installed 25 years earlier by the prior owners of the home. The injured party sued the current homeowners, the pool kit manufacturer and the franchise dealer who installed the pool. The manufacturer and installer sought protection under the Statute of Repose (SOR) that protects certain installers or designers of improvements to real property from lawsuits commenced more than 10 years after the performance or provision of the service or construction.

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