O'BRIEN v. MUSKIN CORP.


94 N.J. 169 (1983)

463 A.2d 298

GARY O'BRIEN, PLAINTIFF-RESPONDENT, v. MUSKIN CORPORATION, FORMERLY KNOWN AS HPE, INC., DEFENDANT-APPELLANT, AND KIDDIE CITY, LIONELL LEISURE, INC., A SUBSIDIARY OF LIONELL CORPORATION AND KIDDIE CITY INC., T/A KIDDIE CITY, DEFENDANTS AND THIRD PARTY PLAINTIFFS-APPELLANTS, v. THE ESTATE OF ARTHUR HENRY AND JEAN LORRAINE HENRY (GLASS), THIRD PARTY DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided August 2, 1983.


Attorney(s) appearing for the Case

John A. Fratto argued the cause for appellant Muskin Corporation, etc. (Fratto, Little, Allessi & Abbott, attorneys; Frederick F. Fitchett, III, on the brief).

Burchard V. Martin, on behalf of appellant Kiddie City, et al., relied upon the brief and argument of appellant Muskin Corporation, etc. (Martin, Crawshaw & Mayfield, attorneys).

Thomas F. Connery, Jr., argued the cause for respondent Gary O'Brien (Brown, Connery, Kulp, Wille, Purnell & Greene, attorneys).

William L. Lundgren, III, submitted a letter in lieu of brief on behalf of respondents The Estate of Arthur Henry, et al (Green & Lundgren, attorneys).


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

Plaintiff, Gary O'Brien, seeks to recover in strict liability for personal injuries sustained because defendant, Muskin Corporation, allegedly marketed a product, an above-ground swimming pool, that was defectively designed and bore an inadequate warning. In an unreported decision, the Appellate Division reversed the judgment for defendants and remanded the matter for trial...

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