Mary Brennan, Plaintiff-Respondent v. Joseph S. Orban, Jr., Defendant-Appellant; Mary Kathryn Brennan…

Summary

The Court affirmed the appellate decision, holding that a marital tort claim joined with a divorce action may be tried by a civil jury when the public policy interest in vindicating domestic violence outweighs the need for a unitary family proceeding; the Family Part judge retains discretion but must allow a jury trial if the claim is sufficiently separable. Justice Stein, concurring in part and dissenting in part, argues the discretion is too broad and would grant a jury trial in virtually all marital tort cases.