Peter Lewis, Plaintiff-Respondent and Cross-Appellant v. American Cyanamid Company, Realex Chemical Corporation…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's decision, dismissing the failure‑to‑warn claim as preempted by FIFRA and remanding for a new trial on plaintiff's comparative negligence and the defendants' design‑defect liability, including whether the alternative propellant P‑22 was a feasible design. The Court held that the jury may consider P‑22 as a practical alternative and that the heeding presumption does not bar design‑defect liability. Justice Handler, in a concurring in part and dissenting in part opinion, argued that no duty exists to use the banned substance and would have dismissed the design‑defect claim.