Supreme Court of New Jersey

Mary Fosgate, Patricia Fosgate, Frank Fosgate as Guardian Ad Litem for Marilyn Fosgate, an Infant, and Wendy Ann…

December 18, 197466 N.J. 268

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial on damages, holding that the jury instruction requiring the plaintiff to prove aggravation of a preexisting disease was inadequate and that the awards to all plaintiffs were manifestly insufficient.