ROBERTS v. RICH FOODS, INC.


139 N.J. 365 (1995)

654 A.2d 1365

JOHN J. ROBERTS, BOTH AS AN INDIVIDUAL AND AS GUARDIAN AD LITEM FOR THE MINOR PLAINTIFFS JAMES A. ROBERTS AND SHERRY A. ROBERTS, PLAINTIFFS, v. RICH FOODS, INC., A FOREIGN CORPORATION, WILLIAM LOVETTE, AND ANITA I. ROBERTS, DEFENDANTS. ANITA I. ROBERTS, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. CADEC SYSTEMS, INC., A FOREIGN CORPORATION, DEFENDANT AND THIRD-PARTY DEFENDANT-APPELLANT, AND THE ESTATE OF ORLANDO SOLER, THE ESTATE OF MARILYN MENKES, STONE AND WEBSTER ENGINEERING CORPORATION, A MASSACHUSETTS CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, CONDUIT AND FOUNDATION CORPORATION, A PENNSYLVANIA CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, FLEET SAFETY, A VIRGINIA CORPORATION, NEW JERSEY TURNPIKE AUTHORITY, AND JOHN DOE 1-150, I/J/S/A, THIRD-PARTY DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 21, 1995.


Attorney(s) appearing for the Case

Penny A. Bennett argued the cause for appellant (Smith, Stratton, Wise, Heber & Brennan, attorneys; Peter R. Freed, of counsel; Mr. Freed and Grayson Barber, on the brief).

Benjamin Goldstein argued the cause for respondent (Maressa, Goldstein, Birsner, Patterson, Drinkwater & Oddo, attorneys).


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

This appeal concerns the interpretation of the phrase "without impairing the usefulness of the product" as used in section 3a(2) of the New Jersey Products Liability Act of 1987 (the Act), N.J.S.A. 2A:58C-1 to -7. Section 3a(2) of the Act provides an absolute, affirmative defense for defendants in suits for design defect, if "the harm was caused by an unsafe aspect of the product that is an inherent characteristic...

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