Esther Lanzet

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the evidence was sufficient to support the jury's finding of negligence and that the trial court erred in granting a judgment notwithstanding the verdict; the case was remanded for a new trial with proper jury instructions, including the increased‑risk theory. Justice Pollack, dissenting, argued that the plaintiff failed to establish a prima facie case and that the majority’s new‑trial order lacks justification.