CautionAs of: December 18, 2013 2:30 AM EST
SupremeCourt of New JerseyJanuary 30, 2012, Argued; August 9, 2012, DecidedA-88-10, A-89-10 September Term 2010, 066671
211 N.J. 362; 48 A.3d 1041; 2012 N.J. LEXIS 831; CCH Prod. Liab. Rep. P18,904VONNIE CORNETT, INDIVIDUALLY ANDON BEHALF OF THE ESTATE OF BILLIECORNETT, DECEASED, PLAINTIFF-APPEL-LANTAND CROSS-RESPONDENT, v. JOHN-SON & JOHNSON AND CORDIS CORP., DE-FENDANTS-RESPONDENTS AND CROSS-APPELLANTS.
Prior History: [***1]
On certification to theSuperior Court, Appellate Division, whose opin-ion is reported at
414 N.J. Super. 365, 998 A.2d 543 (2010)
.Cornett v. Johnson & Johnson, 414 N.J. Super.365, 998 A.2d 543, 2010 N.J. Super. LEXIS142 (App.Div., 2010)
Plaintiff widow appealed the judgment of theSuperior Court, Appellate Division (New Jer-sey), which dismissed her complaint. against de-fendants, two medical device manufacturers.Plaintiff asserted claims for manufacturing de-fect and failure to warn involving a medicaldevice used by her husband. Plaintiff assertedvarious state common law and statutory claims,including violations of the Product LiabilityAct,
N.J.S.A. § 2A:58C-1 et seq.
Plaintiff’s husband lived in Kentucky and suf-fered from coronary artery disease. He receivedan implant of a stent manufactured by defen-dants, with the parent company being a New Jer-sey corporation. Plaintiff’s husband also haddiabetes. He suffered thrombosis in the areawhere the stent was placed and died. The Courtagreed that the one-year Kentucky statute of limitations governed the case and that Ken-tucky applied a discovery rule to product liabil-ity actions involving latent injuries and ill-