Quimbee logo
DMCA.com Protection Status

Zaza v. Marquess & Nell, Inc.

675 A.2d 620 (1996)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Zaza v. Marquess & Nell, Inc.

New Jersey Supreme Court

675 A.2d 620 (1996)

Facts

Gerardo Zaza (plaintiff), an employee of Maxwell House Coffee (Maxwell House), discovered a clog in a quench tank at the company’s Hoboken plant. Zaza was injured while attempting to repair the clog. Hot molten water and carbon overflowed and landed on his arms and back, causing second-degree burns over 21 percent of his body. The quench tank was part of a larger, complex manufacturing process that Maxwell House used to produce decaffeinated coffee beans called the trecar-carbon regeneration system. Maxwell House prepared the initial designs for the system and submitted them to Marquess & Nell, Inc. (Marquess), an engineering firm, to prepare the final design. Marquess contracted with International Sheet Metal & Plate Manufacturing, Inc. (International) (defendant) for a fabricated quench tank. Brennan Company, Inc. (Brennan) was hired to assemble and integrate the trecar-carbon regeneration system. International was not required to prepare or install any safety devices in the quench tank that it fabricated per the specifications in the bid. All International had to do was cut holes for the safety devices. The final system specifications incorporated three safety devices to prevent molten fluid from overflowing the quench tank. Maxwell House and Brennan were to install these devices. However, Maxwell House decided to omit the safety devices Marquess recommended. Zaza brought an action against Marquess and International, claiming that International had a nondelegable duty to see that Maxwell House and its team of professional assemblers properly integrated the quench tank into the system. The trial court granted summary judgment for Marquess and International, and the appellate court reversed, holding that a fabricator could be held strictly liable. Marquess and International appealed.

Rule of Law

Issue

Holding and Reasoning (Garibaldi, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership