Ruth Newmark and Dudley Newmark, Her Husband, Plaintiffs-Respondents v. Gimbel’s Incorporated, a Corporation, and…

Summary

The New Jersey Supreme Court affirmed the Appellate Division and remanded for a new trial, holding that an implied warranty of fitness applies to the hybrid sale‑service transaction of a beauty parlor permanent wave, that strict liability in tort may attach to the operator for a defective wave solution, that a genuine factual issue existed for a jury on defectiveness and proximate cause, and that the plaintiff’s allergy defense lacked evidentiary support.