Product Liability -- 2003
James v. Arcadia Machine & Tool
(N.J. Super. Ct. App. Div.)
Public nuisance claim in gun suit
The NAM supported this appeal of a trial court ruling that a suit against a manufacturers (here, handguns) could go forward on aggressive new theories of negligent marketing and public nuisance. The NAM brief, filed 6/19/02, argues that an allegation that a product is defectively manufactured should be handled under the relevant New Jersey statute, and that a general allegation about loss to a municipality could result in a company having no liability to the victim of a crime or accident but rather having liability to a municipality where the injury occurred. This case should be heard as a product liability suit, not as a public nuisance suit.On 3/11/03, the court rejected the appeal and allowed the case to go forward on theories of negligence and public nuisance.
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