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WOODS v. LUERTZING CORPORATION

167 N.J. Super. 156 (1979)

400 A.2d 562

OSCAR J. WOODS AND ELIZABETH W. WOODS, HIS WIFE, PLAINTIFFS, v. LUERTZING CORPORATION AND PAUL LUERTZING, ETC., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 8, 1979.

Attorney(s) appearing for the Case

Mr. J. Robert McGroarty for defendants.

Mr. Joseph P. Testa for plaintiffs (Messrs. Testa & Testa, attorneys).

MILLER, J.S.C.

When a person is injured during experiments involving a patented machine alleged to contain design defects, may he sue on theories of strict liability and implied warranty, even though the injury-causing machine had not been sold to him nor has it ever been sold to date, if the creator of the machine advertises and demonstrates the machine with the apparent intent to market it in its existing condition?

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