John Myrlak, Plaintiff-Respondent v. Port Authority of New York and New Jersey and Port Authority Trans-Hudson…

Summary

The Supreme Court of New Jersey held that the traditional negligence doctrine of res ipsa loquitur is generally not applicable in strict products liability cases and adopted the Restatement (Third) §3 "indeterminate product defect" test as the proper evidentiary instruction. Accordingly, it reversed the Appellate Division’s order requiring a res ipsa instruction and remanded for a new trial on the plaintiff’s strict products liability claim.