JOHANSEN v. MAKITA USA, INC.


128 N.J. 86 (1992)

607 A.2d 637

CHRIS JOHANSEN, PLAINTIFF-APPELLANT, v. MAKITA U.S.A., INC., A NEW YORK CORP. DOING BUSINESS IN NJ, AND MAKITA ELECTRIC WORKS LTD., DEFENDANTS-RESPONDENTS, AND XYZ CORP. AND JOHN DOE, FICTITIOUS NAMES REPRESENTING THE CLASS OF AS YET UNKNOWN AND UNQUANTIFIED CORPORATIONS, PARTNERSHIPS OR INDIVIDUALS WHO MANUFACTURED, DESIGNED, ASSEMBLED OR DISTRIBUTED THE MITER SAW THAT CAUSED PLAINTIFF'S INJURY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 9, 1992.


Attorney(s) appearing for the Case

Dennis M. Donnelly argued the cause for appellant (Blume, Vazquez, Goldfaden, Berkowitz & Donnelly, attorneys).

Philip W. Crawford argued the cause for respondents (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys).


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

Plaintiff, Chris Johansen, brought this strict-products-liability action alleging that he had sustained personal injuries caused by the defective design of a power saw manufactured and distributed by defendants. At the close of the evidence, the trial court ruled that defendants could not assert a comparative-negligence defense. The court, however, did not instruct the jury that comparative negligence was not at...

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