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JERISTA v. MURRAY

883 A.2d 350 (2005)

185 N.J. 175

Terry JERISTA and Michael Jerista, her husband, Plaintiffs-Appellants, v. Thomas M. MURRAY, Jr., Esq., an attorney at law of the State of New Jersey, Defendant-Respondent.

Supreme Court of New Jersey.

Decided October 12, 2005.

Attorney(s) appearing for the Case

Jack L. Wolff, Morris Plains, argued the cause for appellants.

Mark M. Tallmadge, New York City, argued the cause for respondent (Bressler, Amery & Ross, attorneys; Mr. Tallmadge and Diana C. Manning, on the brief).

Edwin J. McCreedy, President, Cranford, argued the cause for amicus curiae, New Jersey State Bar Association (Mr. McCreedy, attorney; Evelyn R. Storch, Newark, on the brief).

Justice ALBIN delivered the opinion of the Court.

This case concerns the application of the doctrine of res ipsa loquitur when a supermarket's automatic door unexpectedly closes on and injures a customer. The central issue is whether res ipsa loquitur permits a jury to infer, based on common knowledge, that automatic doors ordinarily do not malfunction unless negligently maintained by the store owner or whether the res ipsa inference is preconditioned...

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