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Rivers v. LSC Partnership6/7/2005
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS
APPROVED FOR PUBLICATION
Submitted May 11, 2005
Before Judges Newman, Axelrad and R.B. Coleman.
Plaintiff Monica Rivers appeals from an order dismissing her complaint for personal injuries and property damage on summary judgment as to all parties. We affirm.
On May 10, 2001, plaintiff was using an acetone-based solution to soak off her acrylic nails, with a lit candle about five feet away. The candle sparked and ignited the bowl of acetone that was located on plaintiff's lap, causing a flash fire. The fire ignited her robe and nightgown, and spread to the couch where she was sitting. Her children, who were in the apartment at the time, came to her immediate aid and put out the fire with a fire extinguisher. The fire damage was restricted to the sofa on which plaintiff was sitting.
On March 15, 2002, plaintiff filed suit against LSC Partnership d/b/a Hamilton Square (LSC), the owner and manager of the building where plaintiff resided at the time of the incident. She claimed LSC was negligent in the installation and maintenance of the sprinkler system in her apartment, which was not activated by the fire, and in allowing the windows to be painted shut during prior exterior maintenance to the building. Plaintiff also asserted products liability claims against several fictitious defendants. According to plaintiff, she suffered significant burns and scarring to her body as a result of the fire. She also asserted a claim for psychological injuries, including constant anxiety attacks, fear of death, night tremors and insomnia. Plaintiff was hospitalized in the burn unit at St. Barnabas Medical Center from May l6, 2001 through June 7, 2001.
The case was assigned to Track 2 with a 300-day discovery period, which ran from either the first answer or ninety days after service on the first defendant, whichever came first. Pursuant to Rule 4:5A-2, plaintiff's counsel sought without success to have the case reassigned to Track 3 with a 450-day discovery period based on the products liability allegation. In May 2002 LSC filed an answer, and in response to a discovery request provided information that the fire system was tested and monitored by Affiliated Central, Inc. (Affiliated), the alarm monitoring service was Totally Secure, Inc. (Totally Secure) and C.P. Painting, Inc. (C.P. Painting), painted the exterior of plaintiff's apartment. On August l9, 2002, plaintiff requested more specific answers to interrogatories.
By leave of court, in November 2002, plaintiff filed the first amended complaint naming as additional defendants Totally Secure, Affiliated, and C.P. Painting. Pursuant to a notice to produce, LSC provided additional documents on February 4, 2003.
On April 14, 2003, plaintiff was granted leave to amend the complaint for a second time to add defendants based on LSC's response to plaintiff's notice to produce and discovery was extended through September 30, 2003. Plaintiff filed a second amended complaint adding Kennedy Valve Company (Kennedy Valve), Victaulic Company of America (Victaulic), Milwaukee Valve Company (Milwaukee Valve), and Central Sprinkler Company (Central Sprinkler) as entities which manufactured components of the sprinkler system in plaintiff's apartment; and Associated Fire Protection (Associated Fire) as the party which maintained the sprinkler system. Answers were filed by defendants and various motions to propound discovery were filed by plaintiff.
On July 17, 2003, plaintiff filed a motion to remove the case from its present discovery track, extend the discovery period, and schedule the matte
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