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MERCER MUT. INS. CO. v. PROUDMAN

933 A.2d 967 (2007)

396 N.J. Super. 309

MERCER MUTUAL INSURANCE COMPANY, Plaintiff v. Joseph N. PROUDMAN, Sr., The Estate of Marie E. Proudman, Korman Residential Properties, Inc. t/a Korman Suites, Hartford Insurance Company as Subrogee of Korman Suites, Sergeant David Harkins, Detective John Stollsteimer, Patrolman John Andriscola, Patrolman Troy Kenuk, Peter Lamarra, Allstate Insurance Company as Subrogee of Peter Lamarra, Laura Tresca, Jan Olen, Defendants, and Dolores Graziano and Albert Graziano, her husband, Defendants/Third-Party Plaintiffs-Appellants v. R.J. Reynolds Tobacco Company, Third-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 2007.

Attorney(s) appearing for the Case

Gary D. Ginsberg, Mount Laurel, argued the cause for appellants (Ginsberg & O'Connor, attorneys; Mr. Ginsberg, on the brief).

Anne M. Patterson, Morristown, argued the cause for respondent (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Ms. Patterson, of counsel; Maha M. Kabbash, on the brief).

Before Judges LINTNER, SABATINO and ALVAREZ.

The opinion of the court was delivered by

LINTNER, P.J.A.D.

This appeal involves the application of the absolute defense under N.J.S.A. 2A:58C-3a(2) of the New Jersey Products Liability Act (Products Liability Act), N.J.S.A. 2A:58C-1 to -11, precluding suits for defective design where the harm is "caused by an unsafe aspect of the product that is an inherent characteristic of the product and . . . would be recognized by the ordinary person who...

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