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GREEN v. STERLING EXTRUDER CORP.

95 N.J. 263 (1984)

471 A.2d 15

JOHN W. GREEN AND DOLORES MARIA GREEN, PLAINTIFFS-APPELLANTS, v. STERLING EXTRUDER CORPORATION, TRANSOGRAM MIDWEST, INC. AND JOHN DOE, DEFENDANTS, AND TRANSOGRAM CO., INC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 8, 1984.

Attorney(s) appearing for the Case

Karl Asch argued the cause for appellants (Karl Asch, attorney; Karl Asch and Ronald S. Suss, on the briefs).

Herbert C. Klein argued the cause for respondent (Klein, Chapman, Di Ianni, Henkoff & Siegel, attorneys; Herbert C. Klein and Andrew S. Kessler, on the briefs).

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

Under the current state of our law in the strict liability context, contributory negligence in any of its varied forms (excluding, of course, any intentional or willful act) will not foreclose a factory worker who is injured while using a defective machine for a reasonably foreseeable purpose from recovering against the machine's manufacturer. Suter v. San Angelo Foundry & Mach. Co.,

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