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SMITH v. KRIS-BAL REALTY, INC.

242 N.J. Super. 346 (1990)

576 A.2d 934

FRANK SMITH, PLAINTIFF-APPELLANT, v. KRIS-BAL REALTY, INC., DEFENDANT-RESPONDENT, AND MICHAEL BALSAMO, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1990.

Attorney(s) appearing for the Case

Richard B. Ansell argued the cause for appellant (Ansell, Fox, Zaro, McGovern & Bennett, attorneys; James M. McGovern, Jr., of counsel; Jane M. Ryan, on the brief).

Elliott Abrutyn argued the cause for respondent Kris-Bal Realty, Inc. (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Elliott Abrutyn, on the brief).

Before Judges KING, SHEBELL and BAIME.

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

This case involves the use of a safety code, specifically regulations under the federal Occupational Safety and Health Act, as part of the basis for an expert's opinion on the duty of care owed to plaintiff, a business invitee. We conclude that the OSHA code, when used in connection with expert testimony, may be relied upon to illustrate industry standards and...

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