Anderson v. Somberg
Supreme Court of New Jersey
338 A.2d 1 (1975)
Relevant factsFree
During Anderson's (plaintiff) back surgery, a rongeur — used by many surgeons over several years, purchased from a distributor and made by a manufacturer — broke inside his spinal canal, and despite attempts, the fragment couldn't be removed; Anderson sued the surgeon, hospital, manufacturer, and distributor, but the jury found no cause of action against any of them, and the appellate court held the jury should instead have been instructed to find liability against whichever defendant failed to prove its own non-culpability.
IssueFree
Whether, if a helpless plaintiff suffers a mishap while in the custody of the defendant, the burden of proof shifts to the defendant to show that he was not negligent.