M. AND WIFE v. SCHMID LABORATORIES, INC.


178 N.J. Super. 122 (1981)

428 A.2d 515

J.P.M. AND B.M., PLAINTIFFS-APPELLANTS, v. SCHMID LABORATORIES, INC., A NEW JERSEY CORPORATION, DAVID SCHWARTZ, R.P. AND RONALD MAZUR, R.P., T/A BRUCE PHARMACY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1981.


Attorney(s) appearing for the Case

Milton D. Liebowitz argued the cause for appellants (Liebowitz, Liebowitz & Clark, attorneys).

Anthony J. Marchetta argued the cause for the respondents (Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, attorneys).

Before Judges BISCHOFF, MILMED and FRANCIS.


BISCHOFF, P.J.A.D.

In this negligence/products liability action plaintiffs M. and wife allege that a contraceptive device (condom) marketed under the trade name of "Fourex Natural Skins" was defective and caused the wife to become pregnant and give birth to normal, healthy twin daughters.

Plaintiffs' action was instituted against Schmid Laboratories, the manufacturer of the device, and the retailer, Bruce Pharmacy, alleging breach of warranties, negligence...

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