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BRODSKY v. GRINNELL HAULERS, INC.

853 A.2d 940 (2004)

181 N.J. 102

Gloria BRODSKY, Individually and as Administratrix Ad Prosequendum of the Estate of Bernard Brodsky, and Dawn Brodsky-Serafin, Jill Wright and Corey Brodsky, Children, Plaintiffs-Appellants, v. GRINNELL HAULERS, INC. and John Bennett, Defendants-Respondents, and William Horsman, Defendant.

Supreme Court of New Jersey.

Decided August 10, 2004.

Attorney(s) appearing for the Case

Bruce H. Nagel, Livingston, argued the cause for appellants (Nagel Rice & Mazie, attorneys).

Donald S. McCord, Jr., Morristown, argued the cause for respondents (O'Donnell, McCord & DeMarzo, attorneys; Mr. McCord and David N. Heleniak, on the briefs).

Amos Gern, Roseland, argued the cause for amicus curiae Association of Trial Lawyers of America-New Jersey (Starr, Gern, Davison & Rubin, attorneys; Ben-David Seligman, on the brief).

Anita Hotchkiss, Morristown, submitted a brief on behalf of amicus curiae Product Liability Advisory Council, Inc. (Porzio, Bromberg & Newman, attorneys; Ms. Hotchkiss and Charles E. Erway, III, on the brief).

Edward J. Fanning, Jr. and David R. Kott, Newark, submitted a brief on behalf of amici curiae New Jersey Business & Industry Association, New Jersey Defense Association and Washington Legal Foundation (McCarter & English, attorneys).

Justice ALBIN delivered the opinion of the Court.

In this wrongful death, automobile negligence case, a jury returned a verdict in favor of plaintiffs, finding defendants sixty percent negligent and the bankrupt tortfeasor dismissed before trial forty percent negligent. The Appellate Division reversed the verdict on apportionment of damages only and remanded for a new trial on that issue. This case raises three significant issues arising under the Comparative Negligence...

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