Lewis v. American Cyanamid Co.
Supreme Court of New Jersey
1Opinion of the CourtPollock, J.
Plaintiff, Peter Lewis, was burned in an explosion that occurred while he was using two Combat Room Foggers manufactured by co-defendant United Industries Corp. (United) and sold by co-defendant American Cyanamid Co. (American). He brought failure-to-wam, manufacturing-defect, and design-defect claims against both defendants. The Law Division dismissed plaintiffs failure-to-warn claim, holding it was preempted by the Federal *551Insecticide, Fungicide and Rodentia Act (“FIFRA”). 7 U.S.C. §§ 136-136y. A jury rejected plaintiffs manufacturing-defect claim, but awarded him damages on his…
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