Nancy Botta, Plaintiff-Appellant-Respondent v. Herman G. Brunner, Defendants-Respondents-Appellants

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's judgment, modifying it to overrule prior decisions and hold that the plaintiff must prove her injuries by a preponderance of the evidence and that trial counsel may not suggest mathematical formulas for pain and suffering. The Court found the jury's liability finding against Brunner supported by the evidence and rejected the trial court's erroneous clear‑and‑convincing burden instruction. Justice Wachefeeld and Justice Heher dissented, each contesting the majority's overruling of earlier precedents and, in Heher's view, calling for a new trial on all issues.