TRUCHAN v. NISSAN MOTOR CORP.


720 A.2d 981 (1998)

316 N.J. Super. 554

Magdalena TRUCHAN, Plaintiff-Respondent/Cross-Appellant, v. NISSAN MOTOR CORPORATION IN U.S.A. and Nissan Motor Manufacturing Corporation, U.S.A., Defendants-Appellants/Cross-Respondents, and All Brands Nissan, Thomas Pezza, Stacy Sachais, and Nissan Motor Co., Ltd., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1998.


Attorney(s) appearing for the Case

Aaron Twerski, New York City, for appellants/cross-respondents (Lavin, Coleman, O'Neil, Ricci, Rinarelli & Gray, Philadelphia, PA; and Mr. Twerski and James A. Henderson, Jr., Ithaca, NY, admitted pro hac vice, attorneys; Gerard Cedrone and Leona C. McFadden, Philadelphia, PA, on the brief; Gerald Cedrone and Mr. Twerski, on the supplemental brief).

Robert A. Vort, Tenafly and James F. Carney, Roseland, for respondent/cross-appellant (Mr. Carney, of counsel and on the brief; Mr. Vort, on the supplemental brief).

Before Judges BAIME, A.A. RODRIGUEZ and KIMMELMAN.


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

Plaintiff suffered catastrophic injuries when the automobile in which she was a rear seat passenger struck a utility pole. After settling with the owner and driver of the automobile, plaintiff proceeded to trial against Nissan Motor Corporation and Nissan Motor Manufacturing Corporation, asserting design defect and failure to warn claims. More specifically, plaintiff contended that Nissan equipped the automobile...

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