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BLAZOVIC v. ANDRICH

124 N.J. 90 (1991)

590 A.2d 222

THOMAS BLAZOVIC AND MILDRED COURTIS BLAZOVIC, HIS WIFE, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. JAMES ANDRICH, JAMES PHILBIN, DEAN ANGELO, VINCENT LABANCA, LOUIS ZECCHINO, JOHN DOE (NAME UNKNOWN), INDIVIDUALLY AND AS BARTENDER OF THE PLANTATION RESTAURANT AND LOUNGE, DEFENDANTS, AND JAMES CORSI, JR., INDIVIDUALLY AND AS OWNER OF THE PLANTATION RESTAURANT AND LOUNGE, AND THE PLANTATION RESTAURANT AND LOUNGE, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 22, 1991.

Attorney(s) appearing for the Case

John F. McDonnell argued the cause for appellants and cross-respondents (Rand, Algeier, Tosti & Woodruff, attorneys; Robert B. Woodruff, of counsel).

Donald M. Garson argued the cause for respondents and cross-appellants (Buttafuoco, Karpf & Arce, attorneys).

The opinion of the Court was delivered by STEIN, J.

The critical issue in this appeal is whether the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8 (the Act), requires the trier of fact to apportion fault between a plaintiff, a negligent co-defendant, and several settling co-defendants whose alleged fault was based on intentional conduct. We hold that the Act applies, and consequently remand to the trial court...

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