James Fischer and Geneva Fischer, Plaintiffs-Respondents v. Johns-Manville Corporation, Johns-Manville Products…

Summary

The Supreme Court of New Jersey affirmed the trial court's judgment, holding that punitive damages are permissible in a strict products‑liability/failure‑to‑warn action when the manufacturer knew of the hazard and acted with reckless indifference. The Court also affirmed that the traditional preponderance‑of‑the‑evidence standard applies to punitive‑damage claims. A dissent argued for a higher evidentiary standard and for remand.