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SEELEY v. CINCINNATI SHAPER CO., LTD.

256 N.J. Super. 1 (1992)

606 A.2d 378

JOHN SCOTT SEELEY, PLAINTIFF-RESPONDENT, v. CINCINNATI SHAPER COMPANY, LTD., CINCINNATI, INC. (FORMERLY CINCINNATI SHAPER CO. OF CINCINNATI, OHIO), DAVID SCHWARTZ COMPANY, AND FAB SALES, DEFENDANTS-APPELLANTS AND RUTHERFORD COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1992.

Reconsidered April 8, 1992.

Decided May 5, 1992.

Attorney(s) appearing for the Case

James D. Martin argued the cause for appellant Cincinnati Shaper Co., Ltd. (Lynch, Martin & Philibosian, attorneys; Kenneth R. Russell, on the brief).

Michael Goss, admitted pro hac vice, argued the cause for appellants David Schwartz Machinery Co., Inc. and FAB Sales, Inc. (Weinstein, Goss, Katzenstein, Schleifer & Eisenberg, attorneys; Nancy J. Winkler, on the brief).

Michael J. Barrett argued the cause for respondent John Scott Seeley (Wilentz, Goldman & Spitzer, attorneys; Michael J. Barrett, on the brief).

James H. Keale argued the cause for respondent Rutherford Corp. (McCarter & English, attorneys; James H. Keale, on the letter brief).

Before Judges KING, DREIER and BROCHIN.

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

This appeal focuses upon a manufacturer's continuing duty to warn a remote owner or user of its product concerning safety problems inherent in the product, but either not recognized or not acted upon by the owner.

Defendant Cincinnati, Inc., the successor to Cincinnati Shaper Co., Ltd. (the Scottish manufacturer of the machine that injured plaintiff), appeals from a $500,000 judgment based upon its failure...

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