Frank Martin, Plaintiff-Appellant v. Bengue, Inc., a Corporation, and Thos. Leeming & Co., Inc., a Corporation…

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the manufacturers and distributor of Ben-Gay owed a duty to warn users of the flammable vapors emitted by the product, that the plaintiff's evidence was sufficient to survive the motion to dismiss, and that the defendants' alleged negligence was a proximate cause of the plaintiff's burns and not barred by contributory negligence. The case was remanded for trial.