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MYRLAK v. PORT AUTH. OF NY AND NJ

723 A.2d 45 (1999)

157 N.J. 84

John MYRLAK, Plaintiff-Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY and Port Authority Trans-hudson Corporation, Defendants-Respondents, and Girsberger Industries, Inc., Defendant-Appellant, and John Doe 1-5, Doe Company 1-5 and Doe Corp. 1-5, Defendants.

Supreme Court of New Jersey.

Decided February 8, 1999.

Attorney(s) appearing for the Case

Michelle Wall, Paramus, for defendant-appellant (Melli & Wright, attorneys).

David L. Pennington, for plaintiff-respondent John Myrlak (Pennington & Thompson, attorneys; Gary C. Chiumento, Cherry Hill and Philip J. Espinosa, Mount Laurel, on the brief).

Donald F. Burke, Brick, for defendant-respondent Port Authority Trans-Hudson Corporation (Hugh H. Welsh, New York City, attorney).

The opinion of the Court was delivered by COLEMAN, J.

In this strict products liability case involving one defendant, the primary issue is whether the doctrine of res ipsa loquitur should be applied when liability is based upon an alleged manufacturing defect. The trial court declined to instruct the jury regarding res ipsa loquitur. The Appellate Division held that the trial court should have given such an instruction...

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