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SHELCUSKY v. GARJULIO

797 A.2d 138 (2002)

172 N.J. 185

Richard SHELCUSKY and Donna Shelcusky, his wife, Plaintiffs-Appellants, v. Al GARJULIO, individually and/or doing business as Interstate Trucking, John Martinez, Sterling Winthrop, Inc., doing business as L & F Products, Kodak, John Does # 1-# 16, John Does 17-21 (unknown persons and/or entities) and John Does 22-25 (unknown persons and/or entities), Defendants, and Crown Equipment Corporation, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 22, 2002.

Attorney(s) appearing for the Case

Robert J. Forrest, Somerville, argued the cause for appellants (Lieberman, Ryan & Forrest, attorneys; Craig Voorhees, on the brief).

Robert M. Leonard, Florham Park, argued the cause for respondent (Drinker Biddle & Shanley, attorneys; Stacey P. Rappaport, on letter in lieu of brief).

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

Plaintiff was injured severely in an explosion at work while using a forklift to load pallets of rejected, leaking aerosol cans. In this failure-to-warn action against the manufacturer of the forklift, plaintiff alleges that if defendant had supplied an adequate warning to alert potential users that that model of forklift could not be used to transport flammable materials...

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