Supreme Court of New Jersey

Brenda Ann Schwartz and Paul Grant Schwartz, Appellants-Appellants v. Accuratus Corporation, in Its Own Right and…

July 6, 2016225 N.J. 517

Summary

The New Jersey Supreme Court answered a certified question from the Third Circuit, holding that the duty of care recognized in Olivo may, in appropriate circumstances, extend beyond a worker’s spouse to other household members. The Court emphasized a case‑by‑case analysis using foreseeability, fairness, and the Hopkins factors. It instructed the appellate court to apply this flexible approach when evaluating take‑home toxic‑tort liability.