Alfonso Jurado, Plaintiff-Respondent, and Marlene Jurado, His Wife, Plaintiff v. Western Gear Works, Orville Dutro…

Summary

The Supreme Court of New Jersey reversed the Appellate Division’s affirmation of liability and remanded the case for a new trial on both liability and damages, holding that the lower court erred by treating the jury’s answer to the misuse interrogatory as a definitive finding on product misuse. The Court clarified that "misuse" includes both improper purpose and improper manner, and that the Model Civil Jury Charge 5.34I conflates these concepts, requiring a retrial. Justice Clifford dissented, arguing the jury’s verdict should stand.