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Bexiga v. Havir Manufacturing Corp.

Supreme Court of New Jersey
60 N.J. 402, 290 A.2d 281 (1972)



John Bexiga, Sr. (plaintiff), a New Jersey resident, sued Havir Manufacturing Corporation (Havir) (defendant) for injuries sustained by his minor son, John Bexiga, Jr. (the son). While the son was employed by Regina Corporation and operating a metal press manufactured by Havir, his hand was crushed. The press was not equipped with any of various available safeguards, and Bexiga's evidence showed that at least one such safeguard, a basic push-button device, might have prevented the son's accident while being compatible with Regina's operational needs. Havir's defense was that, in accordance with industry practice, it relied on Regina to install compatible safeguards. The trial court dismissed the case and Bexiga appealed to the Appellate Division. The appellate court affirmed the trial court, holding that Bexiga's evidence did not make out a prima facie case in strict liability, breach of warranty, or negligence. Bexiga appealed to the Supreme Court of New Jersey.

Rule of Law


Holding and Reasoning (Proctor, J.)

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