James Joseph Ryan, Plaintiff-Respondent v. Kdi Sylvan Pools, Inc., Defendant-Appellant, and Frank Wisekal and Norma…

Summary

The Supreme Court of New Jersey reversed and remanded for a new trial on KDI Sylvan Pools' liability, holding that the trial court erred in excluding the defendant's expert testimony on prior diving accidents and in improperly molding the jury's verdict; the court prescribed a formula that allocates the plaintiff's comparative fault between the strict‑liability defendant and the negligence defendants and increases the strict‑liability defendant's share of damages accordingly.