Supreme Court of New Jersey

Jose Francisco Cepeda, an Infant, by His Guardian Ad Litem, Victoria Cepeda, Plaintiff-Appellant v. Cumberland…

April 26, 197876 N.J. 152

Summary

The New Jersey Supreme Court reversed the Appellate Division and remanded for a limited new trial on the issue of contributory negligence, holding that the design defect issue should have been submitted to the jury and that the plaintiff's ordinary carelessness does not bar recovery under strict liability. The court affirmed the jury's finding of strict liability and the $125,000 damages award.