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Ramirez v. Amsted Industries, Inc.
Citation:
86 N.J. 332, 431 A.2d 811 (1981)Facts
In 1948 or 1949, Johnson Machine and Press Company manufactured a sixty-ton punch press. In 1956, Johnson transferred all its assets to Bontrager Construction Company, which continued to manufacture the Johnson press line. In 1962, Amsted Industries acquired all of Bontrager’s assets for cash, including the Johnson assets, manufacturing plant, inventory, equipment, patents, trademarks, and the exclusive right to use the Johnson trade name. The purchase agreement explicitly stated that Amsted would not assume liability for claims arising from defects in products manufactured by its predecessors. Amsted continued to manufacture the Johnson press line through its subsidiary. On August 18, 1975, plaintiff Efrain Ramirez was injured while operating the Johnson press at his employer’s facility. Ramirez sued Amsted as a successor corporation to Johnson, seeking to recover damages on theories of negligence, breach of warranty, and strict liability for defective design and manufacturing.
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