Joseph Cavuoti and Linda L. Cavuoti, Plaintiffs-Appellants and Cross-Respondents v. New Jersey Transit Corporation…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's judgment but remanded for a new trial on punitive damages, holding that the trial court's failure to instruct the jury on the Lehmann upper‑management prerequisites constituted plain error, and that a public entity such as New Jersey Transit may be liable for punitive damages under the Law Against Discrimination. The opinion also notes that other issues were affirmed. Justice Pollock, concurring in part and dissenting in part, joins the majority except for the public‑entity punitive‑damages holding.