Opinion · Supreme Court of New Jersey

Magrine v. SPECTOR

53 N.J. 259

Type
Opinion
Court
Supreme Court of New Jersey
Jurisdiction
New Jersey
Date
1969-02-18
Topic
general

How later courts describe this case

  • dentist not strictly liable for defective needle broken in plaintiff's gum during treatment
  • plaintiff couldnot recover against his dentist on a strict liability theory for injuries suffered when a hypodermic needle being used to inject a local anesthetic snapped off, due to no fault of the dentist, while in the plaintiff’s jaw
  • dentist not strictly liable for defective needle used to treat patient
  • the reason for imposing strict liability is to make those who put the product "in the stream of trade and promote its purchase by the public" accountable for injuries arising from the promotion and use of the product.

Citator

UpLaw has not yet analyzed Magrine v. SPECTOR. The absence of a flag is not a finding that it is good law.

Cited by
42 opinions

The opinion of the court was delivered

Per Curiam.

The judgment appealed from is affirmed substantially for the reasons expressed by Judge Lynch, 94 N. J. Super. 228 (Cty. Ct. 1967), and in the majority opinion of the Appellate Division, 100 N. J. Super. 223 (App. Div. 1968).

For affirmance — Chief Justice Weintraub and Justices Jacobs, Francis, Peoctor, Hall, Schettino and Haneman — 7.

For reversal — Hone.