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JURADO v. WESTERN GEAR WORKS

131 N.J. 375 (1993)

619 A.2d 1312

ALFONSO JURADO, PLAINTIFF-RESPONDENT, AND MARLENE JURADO, HIS WIFE, PLAINTIFF, v. WESTERN GEAR WORKS, ORVILLE DUTRO AND SONS, BUCYRUS-ERIE CORPORATION, JOHN DOE, RICHARD ROE, ABC CORPORATION, AND XYZ CORPORATION, SAID NAMES BEING FICTITIOUS, DEFENDANTS, AND WESTERN GEAR CORPORATION AND BUCYRUS-ERIE COMPANY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 3, 1993.

Attorney(s) appearing for the Case

M. Christie Wise argued the cause for appellants (Bumgardner, Hardin & Ellis, attorneys; George R. Hardin, of counsel; Ms. Wise and Edward M. Suarez, Jr., on the briefs).

Amy Lynn Fenno argued the cause for respondent (Fost and Muscio, attorneys).

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

Our focus is on the meaning of "misuse" as that term is used in a strict-liability design-defect products-liability case. See Ellsworth v. Sherne Lingerie, Inc., 303 Md. 581, 495 A.2d 348, 354-55 (1985) (suggesting various definitions of "misuse"). In the present case, the problem arises from confusion inherent in Model Civil Charge 5.34I...

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