SANTIAGO v. E.W. BLISS DIV., GULF AND WESTERN MANUFACTURING CO.


201 N.J. Super. 205 (1985)

ORLANDO SANTIAGO, PLAINTIFF-APPELLANT, v. E.W. BLISS DIVISION, GULF AND WESTERN MANUFACTURING COMPANY, DEFENDANT-APPELLANT, v. ALEXANDER BROWN-CAPITOL MACHINE, XYZ CORPORATION, (FICTITIOUS NAME), DEF CORPORATION, (FICTITIOUS NAME), DOE CORPORATION, (FICTITIOUS NAME), AND WESTERN ELECTRIC COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1985.


Attorney(s) appearing for the Case

Michael B. Oropollo argued the cause for appellant E.B. Bliss (Hoagland, Longo, Oropollo & Morgan, attorneys; Michael B. Oropollo and Catherine Cookson, on the brief and reply letter memorandum).

Dennis M. Donnelly argued the cause for appellant Orlando Santiago (Blume, Vazquez, Goldfaden, Berkowitz & Oliveras, attorneys; Dennis M. Donnelly, on the letter brief).

Robert J. Schoenberg argued the cause for respondent AT & T Technologies, Inc.1 (Riker, Danzig, Scherer & Hyland, attorneys; Robert J. Schoenberg, on the brief).

Before Judges KING and DEIGHAN.


The opinion of the court was delivered by DEIGHAN, J.A.D.

On this appeal we are required to determine whether an occasional sale of a product such as a punch press by a user, not engaged in the activity as a manufacturer, distributor, supplier or retailer of the product as part of its business, may be strictly liable under § 402A(1) of the Restatement, Torts, 2d. for injuries resulting from a subsequent use of the product. In Green v. Sterling Extruder...

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