Supreme Court of New Jersey

Chris Johansen, Plaintiff-Appellant v. Makita U.S.A., Inc., a New York Corp. Doing Business in Nj, and Makita…

June 9, 1992128 N.J. 86

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that comparative negligence is not a defense in strict products‑liability actions involving an employee using a product supplied by the employer, and that the trial court erred by failing to give a limiting instruction on the relevance of the plaintiff's negligent conduct to the risk‑utility analysis.