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MACRIE v. SDS BIOTECH CORP.

267 N.J. Super. 34 (1993)

630 A.2d 805

PETER MACRIE, SR., PETER MACRIE, JR. AND TONI MARIE MACRIE, PLAINTIFFS-APPELLANTS, v. SDS BIOTECH CORP., A/K/A FERMENTA PLANT PROTECTION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Argued May 14, 1993.

Decided August 5, 1993.

Attorney(s) appearing for the Case

Lars Hyberg argued the cause for appellants (McAllister, Westmoreland, Vesper & Schwartz, attorneys; Christine T. Jones, on the brief; and Ventnor Professional Campus, attorneys; Stephen C. Rubino, on the brief).

John J. Murphy, III, argued the cause for respondent (Stradley, Ronan, Stevens & Young, attorneys; Mr. Murphy, on the brief).

Before Judges HAVEY, STERN and BROCHIN.

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

In this strict-liability, failure-to-warn suit, plaintiffs appeal from an order for summary judgment dismissing their complaint. Because we are "reviewing the dismissal of [plaintiffs'] claims as legally insufficient, we must accept as true all the allegations of the complaint, the affidavits and products of discovery submitted on [their] behalf. We must also draw those reasonable inferences that are most favorable...

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