Gloria Brodsky

Summary

The Supreme Court of New Jersey held that a bankrupt joint tortfeasor dismissed before trial may still be assigned a percentage of fault under the Comparative Negligence Act, that an ultimate outcome charge to the jury on fault apportionment among joint tortfeasors is improper, and that counsel may argue specific percentages of fault in opening or closing statements when supported by evidence. The Court affirmed the Appellate Division’s reversal of the trial court’s instructions and remanded for a new trial on fault allocation.