Constance Holloway, Plaintiff v. State of New Jersey, Defendant and Third-Party Plaintiff-Appellant and…

Summary

The Supreme Court of New Jersey held that the State's direct claim for reimbursement of medical expenses, based on subrogation, is barred by the two‑year statute of limitations, while its indemnification and contribution claims are not time‑barred. It also held that for contribution the fault of each pool defendant must be compared with the plaintiff’s (Holloway’s) fault, not the State’s, and that the doctrine of nullum tempus does not apply to the State’s subrogation claim. The Court affirmed the Appellate Division’s reversal of the trial court’s dismissal of strict products‑liability claims.