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HURST BY HURST v. GLOCK, INC.

295 N.J. Super. 165 (1996)

684 A.2d 970

TYRONE HURST, AN INFANT BY HIS GUARDIAN AD LITEM, RUBY HURST, AND RUBY HURST INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. GLOCK, INC. AND GLOCK, GES. M.B.H., DEFENDANTS-RESPONDENTS, AND LAWRENCE TOWNSHIP, BRYCE DOWERS, AND AISHAH DUKES, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1996.

Attorney(s) appearing for the Case

Mitchell J. Makowicz, Jr., argued the cause for appellants Tyrone Hurst and Ruby Hurst (Blume Goldfadden Berkowitz Donnelly Fried & Forte, attorneys; Mr. Makowicz, on the brief).

Steven Backfisch argued the cause for respondents Glock, Inc. and Glock, Ges.m.b.H. (Whipple, Ross & Hirsh, attorneys; Evan A. Burkholder (Mcguire Woods Battle & Booth, LLC) of the Virginia Bar, admitted pro hac vice, of counsel; Mr. Backfisch, on the brief).

Before Judges MUIR, Jr., KLEINER and COBURN.

The opinion of the court was delivered by COBURN, J.S.C. (temporarily assigned).

In this products liability case, the Law Division granted summary judgment to the remaining defendants Glock, Ges.m.b.H., and Glock, Inc., the manufacturer and distributor, respectively, of the Glock semi-automatic, 9mm pistol in question. Plaintiffs appeal. We reverse.

The accident giving rise to this action occurred when a young...

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