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VAN HORN v. WILLIAM BLANCHARD CO.

173 N.J. Super. 280 (1980)

414 A.2d 265

LLOYD K. VAN HORN, PLAINTIFF-APPELLANT, v. WILLIAM BLANCHARD COMPANY, AGREE CONSTRUCTION COMPANY, EPIC CONSTRUCTION COMPANY, CHARLES C. HULL, INDIVIDUALLY AND/OR AS AGENT, SERVANT AND/OR EMPLOYEE OF EPIC CONSTRUCTION COMPANY AND JOHN DOE (BEING FICTITIOUS NAMES) INDIVIDUALLY AND/OR AS AGENTS, SERVANTS AND/OR EMPLOYEES OF WILLIAM BLANCHARD CO., AGREE CONSTRUCTION CO., EPIC CONSTRUCTION CO. OR OTHER UNKNOWN COMPANIES, INDIVIDUALLY, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1980.

Attorney(s) appearing for the Case

Laurence P. Bafundo argued the cause for appellant (Friedman and Tighe, P.A. attorneys).

Stephen G. Sweet argued the cause for respondents (Methfessel & Werbel, attorneys).

Before Judges LORA, ANTELL and PRESSLER.

PER CURIAM.

Following a jury verdict finding plaintiff 50% negligent and defendants negligent as follows: William Blanchard Company — 30%, Epic Construction Company — 20%, and Charles C. Hull — 0% or not negligent, the trial judge molded the verdict and entered a judgment against plaintiff of no cause of action pursuant to the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq. Thereafter, plaintiff brought a belated motion, properly...

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