YUHAS v. MUDGE


129 N.J. Super. 207 (1974)

322 A.2d 824

JOHN YUHAS, GUARDIAN AD LITEM FOR LARRY YUHAS, A MINOR AND JOHN YUHAS, GUARDIAN AD LITEM FOR BARRY YUHAS AND JOHN YUHAS, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. FLOYD W. MUDGE, WILLIAM MUDGE, MICHAEL LASHUTKA, EDWIN C. CHRISTIE AND ECCO PRODUCTS, INC., DEFENDANTS, AND POPULAR MECHANICS CORPORATION AND HEARST CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1974.


Attorney(s) appearing for the Case

Mr. Harvey L. Stern, attorney for appellants.

Messrs. Lenox, Giordano, Devlin, Delehey & Socey, attorneys for respondents.

Before Judges HALPERN, MATTHEWS and BISCHOFF.


The opinion of the court was delivered by HALPERN, P.J.A.D.

The novel question presented on this appeal is whether a magazine publisher may be held responsible in negligence for injuries resulting from the use by a paying customer of an alleged defective product advertised in its magazine, when it does not manufacture, distribute, sell, warrant or endorse the product. The trial judge found that no actionable duty existed against the publisher and granted summary judgment...

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