Two public entities hit with an $8.7 million verdict over their delayed response to a multi-vehicle accident will get another trial on liability but not the opportunity to try to shift some of the fault to other parties.
Flawed jury instructions on the standard of liability under the New Jersey Tort Claims Act necessitate a retrial on the liability of the South Jersey Transportation Authority and the New Jersey State Police but the new jury need not reassess whether the plaintiff and the other drivers bore any blame, the New Jersey Supreme Court ruled Sept. 29 in Henebema v. South Jersey Transportation Authority.
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