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LEVEY v. YAMAHA MOTOR CORP.

825 A.2d 554 (2003)

361 N.J. Super. 312

Kelly LEVEY, Plaintiff-Appellant, v. YAMAHA MOTOR CORPORATION, U.S.A., Defendant-Respondent, and Stumpy's Sales & Service, Inc., Evelyn Stumpf, and Keith Barrett, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 2003.

Attorney(s) appearing for the Case

Jay L. Hundertmark, Northfield, argued the cause for appellant (James R. Ozol, attorney; Mr. Hundertmark, of counsel and on the brief).

Robert J. Kelly, Newark, argued the cause for respondent (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. Kelly, of counsel; Suna Lee, on the brief).

Before Judges SKILLMAN, CUFF and WINKELSTEIN.

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

The issue presented by this appeal is whether a trier of fact may find that a product seller vitiated the effectiveness of the printed instructions and warnings accompanying its product by providing a demonstration of the product to intended users in which the seller violated its own safety warnings. We conclude that a determination of the adequacy of a seller's...

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