Legal Opinion

Myrlak v. Port Auth. of NY and NJ

Supreme Court of New Jersey

Decided February 8, 1999PublishedCited by 97 opinions

1Opinion of the Court

The opinion of the Court was delivered by

COLEMAN, J.

In this strict products liability case involving one defendant, the primary issue is whether the doctrine of res ipsa loquitur should be applied when liability is based upon an alleged manufacturing defect. The trial court declined to instruct the jury regarding res ipsa loquitur. The Appellate Division held that the trial court should have given such an instruction. We disagree and reverse. We hold that the traditional negligence doctrine of res ipsa loquitur generally is not applicable in a strict products liability case. We adopt,…

2Cases cited48 opinions

  1. Lehmann v. Toys 'R' US, Inc.Supreme Court of New Jersey · 1993
  2. Feldman v. Lederle LaboratoriesSupreme Court of New Jersey · 1984
  3. Buckelew v. GrossbardSupreme Court of New Jersey · 1981
  4. State v. WilbelySupreme Court of New Jersey · 1973
  5. O'BRIEN v. Muskin Corp.Supreme Court of New Jersey · 1983

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3Cited by97 opinions

  1. Ford Motor Co. v. RidgwayTexas Supreme Court · 2004
  2. Jerista v. MurraySupreme Court of New Jersey · 2005
  3. White v. ABCO Engineering Corp.Court of Appeals for the Second Circuit · 2000
  4. Estate of Chin v. St. Barnabas Medical CenterSupreme Court of New Jersey · 1999
  5. Sinclair v. Merck & Co., Inc.Supreme Court of New Jersey · 2008

92 more not listed; retrieve them via the Exa API.

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