Edwin F. Jakubowski, Plaintiff-Respondent v. Minnesota Mining and Manufacturing, a Corporation of Delaware…

Summary

The Supreme Court of New Jersey affirmed the trial court's dismissal, holding that the plaintiff failed to prove by a preponderance of the evidence that the abrasive disc was unreasonably dangerous when it left the manufacturer's control, and therefore no breach of the implied warranties of merchantability or fitness for a particular purpose existed. A dissent argued that the evidence was sufficient to infer a defect at the time of sale and would have affirmed the judgment in favor of the plaintiff.