BEATTY v. SCHRAMM, INC.


188 N.J. Super. 587 (1983)

458 A.2d 127

WILLIAM BEATTY, JR. AND IRENE BEATTY, HIS WIFE, PLAINTIFFS-APPELLANTS, v. SCHRAMM, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1983.


Attorney(s) appearing for the Case

Kenneth J. Fost argued the cause for appellants.

William J. O'Day argued the cause for respondent (Haskins, Robottom, Hack, Piro & O'Day, attorneys; David E. Rehe on the brief).

Before Judges BOTTER, POLOW and BRODY.


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

In this product liability case a jury found by special verdict that plaintiff was not using defendant's machine "as intended or for a reasonable foreseeable purpose" at the time he was injured. Judgment was entered for defendant. Plaintiff now raises several points all but one of which are rendered moot by our remand for a new trial. The dispositive point is that the judge failed to charge the jury adequately...

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