Herman v. Sunshine Chem. Specialties, Inc

In Herman v. Sunshine Chem. Specialties, Inc., 133 N.J. 329, 342, 627 A.2d 1081 (1993), the Court held that, in a product liability case governed by the Products Liability Act (PLA), N.J.S.A. 2A:58C-1 to -7, bifurcated trials are required pursuant to N.J.S.A. 2A:58C-5b which provided: The trier of fact shall first determine whether compensatory damages are to be awarded. Evidence relevant only to punitive damages shall not be admissible in that proceeding. After such determination has been made, the trier of fact shall, in a separate proceeding, determine whether punitive damages are to be awarded. Significantly, the Court stated that although the PLA applies only to product liability cases, "we expect those requirements to govern all claims for punitive damages, even those that arise outside the act." Herman, supra, 133 N.J. at 346, 627 A.2d 1081.