Supreme Court of New Jersey

Michael Roman, an Infant by His Guardian Ad Litem Carol Roman, and Carol Roman

March 13, 198082 N.J. 336

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that the infant plaintiff's contributory negligence was not sufficient to bar recovery, that Salvaterra Construction Co. owed an independent duty to inspect the dump truck, that juries in comparative negligence cases should ordinarily receive an ultimate‑outcome instruction, and that the trial court properly exercised discretion in refusing insurance‑related voir dire questions. Two dissenting opinions contest the majority's view on ultimate‑outcome instructions and on the scope of insurance‑related voir dire questioning.