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, holding that the trial court’s failure to instruct the jury on the Lehmann upper‑management prerequisites for punitive damages was plain error requiring a remand, and that a public entity such as New Jersey Transit may be liable for punitive damages under the Law Against Discrimination. Justice Pollock, concurring in part and dissenting in part, objected to the public‑entity punitive‑damage holding.