Henry Anderson, Plaintiff-Respondent v. Harold Somberg, Reinhold-Schumann, Inc., a Corporation, St. James Hospital…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division and remanded for trial, holding that in cases where a foreign object injures an unconscious patient and multiple defendants are joined, the burden of proof shifts to the defendants and a jury may not return a no‑cause verdict against all defendants. The Court also noted that this shift applies regardless of whether the plaintiff's theories are negligence, strict liability, or breach of warranty. The dissent argued that the majority’s rule would unjustly impose liability on innocent parties and would reverse the judgment.