Peter Risko

Summary

The Supreme Court of New Jersey reversed the Appellate Division in part and remanded for a new trial on damages only, holding that the trial judge was correct to grant a new trial on that issue but erred in granting a new trial on liability. Justice Rivera‑Soto, in a concurring‑in‑part/dissent‑in‑part opinion, argued that both liability and damages should be retried. The decision rests on the cumulative prejudicial effect of plaintiff counsel's summation and the trial court's discretion in granting new trials.