Costanzo v. Plainfield

Summary

The court held that dismissal of the defendants’ apportionment complaint and notice of intent to seek apportionment was a final judgment appealable before resolution of the underlying action. It further held that the statutory municipal-liability claim based on notice of a hazard or legal violation is a statutory cause of action based on negligence, so the defendants could seek apportionment under the apportionment statute. The court distinguished the separate statutory exception requiring reckless disregard, which is not subject to apportionment.