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.