Supreme Court of New Jersey

Donald Ettin, Plaintiff-Respondent v. Ava Truck Leasing, Inc., Defendant-Appellant and Cross-Respondent; Donald…

March 17, 196953 N.J. 463

Summary

The Supreme Court of New Jersey affirmed the trial court's judgment for the plaintiff against both Ava Truck Leasing and Sweets Co., holding that contributory negligence is not a defense in a strict liability claim, that evidence of prior brake servicing was admissible, that Ava may assert a contribution claim against Sweets, that Sweets was negligent and its JNOV was improper, and that collateral estoppel does not bar the plaintiff's claim against Sweets. The court also rejected Sweets' procedural and evidentiary objections.