Supreme Court of New Jersey
Phyllis Sinclair, Joseph Murray and Robbie L. Traylor
June 4, 2008195 N.J. 51
Summary
The Supreme Court of New Jersey reversed the Appellate Division and reinstated the trial court's dismissal, holding that the Products Liability Act's definition of harm requires a personal physical injury and therefore does not encompass medical‑monitoring damages when no manifest injury is alleged; the PLA is the exclusive remedy and the Consumer Fraud Act provides no alternative. Justice LONG dissented, arguing that the PLA's definition of harm should include medical‑monitoring claims and that the dismissal was improper.