Brian Frugis and Susan Frugis

Summary

The Supreme Court of New Jersey reinstated the trial court’s directed verdict finding the Elmwood Park Board of Education not negligent, affirmed the appellate court’s decision that the trial court properly refused to submit the issue of diminished future earnings to the jury, and held that the statute requires apportionment of liability between the Board and the principal, remanding for a trial on apportionment. The Court also issued guidelines for jury instructions on apportionment.