Supreme Court of New Jersey

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

March 3, 1993131 N.J. 375

Summary

The Supreme Court of New Jersey reversed the Appellate Division's judgment affirming liability and remanded for a new trial on both liability and damages, holding that the lower court erred in interpreting the jury's answer to the misuse interrogatory. The Court clarified that "misuse" in strict‑liability design‑defect cases includes both the purpose for which a product is used and the manner of its use, and that the jury's answer to the interrogatory was ambiguous on the manner issue, requiring retrial. Justice Clifford dissented, arguing that the jury's verdict should stand without a new trial.