REALMUTO v. STRAUB MOTORS


65 N.J. 336 (1974)

322 A.2d 440

SALVATORE REALMUTO AND JEANETTE REALMUTO, PLAINTIFFS-RESPONDENTS, v. STRAUB MOTORS, INC., A CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 9, 1974.


Attorney(s) appearing for the Case

Mr. William C. Oakerson argued the cause for defendant-appellant (Messrs. Wise, Blankenhorn, Laurie & Oakerson, attorneys; Mr. Oakerson, of counsel and on the brief).

Mr. Thomas E. Hood argued the cause for plaintiffs-respondents (Messrs. Seaman, Clark, Levine, Addy & Hood, attorneys; Mr. Hood, of counsel).


The opinion of the Court was delivered by HALL, J.

This product liability case derives from the sale in 1970 of a used 1965 automobile to plaintiff Salvatore Realmuto (the buyer) by the defendant dealer. The suit was for personal injuries to the buyer, with a per quod claim by his wife, due to an accident claimed to have resulted from malfunction of the car's accelerator-carburetor mechanism. The dealer had installed a rebuilt carburetor prior to the sale,...

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