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 dismissal of the plaintiff’s failure‑to‑warn claim as preempted by FIFRA, reversed the trial court’s judgment notwithstanding verdict on the design‑defect claim, and remanded for a new trial on comparative negligence and defendants’ liability, holding that the plaintiff presented sufficient facts to allow the jury to consider the proposed alternative propellant P‑22. The Court also noted that the issues of comparative negligence and liability are inseparable and must be retried together. Justice HANDLER, concurring in part and dissenting in part, agreed with the dismissal of the failure‑to‑warn claim but would have upheld the trial court’s JNOV, finding no duty to design with P‑22.