Richard J. Hughes Justice Complex in Trenton, New Jersey. Credit: Google NJ Supreme Court Orders New Trial for Jury to Apportion Fault Following $5.3M Verdict
"Along with the Joint Tortfeasors Contribution Law, which affords contribution rights to joint tortfeasors, the CNA prescribes 'the statutory framework for the allocation of fault when multiple parties are alleged to have contributed to the plaintiff's harm,'" Justice Anne M. Patterson wrote. "The statutes together enable 'the distribution of loss in proportion to the respective faults of the parties causing that loss' and 'ensure that damages are ordinarily apportioned to joint tortfeasors in conformity to the factfinder's allocation of fault.'"
February 15, 2023 at 04:37 PM
5 minute read
The New Jersey Supreme Court held that a trial court's failure to apply the apportionment procedure of the Comparative Negligence Act to a workers' compensation fraud claim warrants a new trial for a jury to apportion percentages of fault.
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