Jurado v. Western Gear Works
Supreme Court of New Jersey
1Opinion of the Court
The opinion of the Court was delivered by
POLLOCK, J.
Our focus is on the meaning of “misuse” as that term is used in a strict-liability design-defect products-liability case. See Ellsworth v. Sherne Lingerie, Inc., 303 Md. 581, 495 A.2d 348, 354-55 (1985) (suggesting various definitions of “misuse”). In the present case, the problem arises from confusion inherent in Model Civil Charge 5.341 pertaining to product misuse. The trial court relied on that charge, which confuses the purpose for which a product is used with the manner of using it, in submitting special interrogatories to the jury.…
2Cases cited18 opinions
- Barker v. Lull Engineering Co.California Supreme Court · 1978
- Suter v. San Angelo Foundry & MacHine CompanySupreme Court of New Jersey · 1979
- Cepeda v. Cumberland Engineering Company, Inc.Supreme Court of New Jersey · 1978
- O'BRIEN v. Muskin Corp.Supreme Court of New Jersey · 1983
- Dewey v. R.J. Reynolds Tobacco Co.Supreme Court of New Jersey · 1990
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- Port Authority of New York and New Jersey v. Arcadian Corp Dyno Nobel Inc, F/k/a, Ireco Incorporated Hydro Agri North America, IncCourt of Appeals for the Third Circuit · 1999
- Lewis v. American Cyanamid Co.Supreme Court of New Jersey · 1998
- Zaza v. Marquess and Nell, Inc.Supreme Court of New Jersey · 1996
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