McDAID v. AZTEC W CONDO ASS'N

A-88 September Term 2016 079325.

189 A.3d 321 (2018)

234 N.J. 130

Maureen McDAID, Plaintiff-Appellant, v. AZTEC WEST CONDOMINIUM ASSOCIATION, Bergen Hydraulic Elevator, and Preferred Management, Inc., Defendants-Respondents.

Supreme Court of New Jersey.

Decided July 17, 2018.


Attorney(s) appearing for the Case

Lisa A. Lehrer argued the cause for appellant (Davis, Saperstein & Salomon, attorneys; Lisa A. Lehrer, of counsel and on the brief).

Robert J. Mormile , Fairfield, argued the cause for respondents Aztec West Condominium Association, Inc. and Preferred Management, Inc. (Farkas & Donohue, attorneys; Robert J. Mormile, of counsel, and Christine M. Jones , on the briefs).

Brian L. Calistri argued the cause for respondent Bergen Hydraulic Elevator (Weber Gallagher Simpson Stapleton Fires & Newby, attorneys; Brian L. Calistri and Anthony T. Ling , Bedminster, on the briefs).

William L. Gold , West Orange, argued the cause for amicus curiae New Jersey Association for Justice (Bendit Weinstock, attorneys; William L. Gold, of counsel and on the brief, and Eryn M. Fernandez-Ledon , on the brief).


Res ipsa loquitur is an equitable doctrine that allows, in appropriate circumstances, a permissive inference of negligence to be drawn against a party who exercises exclusive control of an instrumentality that malfunctions and causes injury to another. The rationale for the res ipsa inference is...

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