During the past year, the New Jersey Supreme Court issued relatively few decisions addressing torts and personal injury issues. Those few decisions, however, returned to such time-honored topics as proximate cause in medical malpractice cases, the extent of the duty owed under the Tort Claims Act and the definition of pecuniary damages under the Wrongful Death Act. Additional tort cases were argued this spring, with decisions expected soon.
It is, of course, difficult to discern a pattern from just a handful of opinions, particularly from a court burdened by judicial vacancies and occupied by temporarily assigned justices. That said, certain messages came across. For example, jury charges should relate to the facts and legal theories presented in a particular case, and not simply restate the model charge. In addition, protections afforded under the Tort Claims Act, especially relating to the duties owed to third parties by public employees, are difficult to overcome. Finally, efforts to judicially expand the Wrongful Death Act will be viewed with a critical eye.
Medical Malpractice: Preexisting Condition Jury Charge
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