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 and remanded for trial, holding that the plaintiff's evidence was sufficient to survive the motion to dismiss on the basis that the manufacturers owed a duty to warn of the flammable vapors emitted by Ben‑Gay and that proximate cause and contributory negligence were issues for the jury. Justice Wachenfeld dissented, arguing that the dismissal should be affirmed.