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ROGERS v. SPADY

147 N.J. Super. 274 (1977)

371 A.2d 285

MATTIE ROGERS AND WILLIE ROGERS, PLAINTIFFS-RESPONDENTS, v. ELLEN SPADY, SAMMIE MILLER AND MACK THOMAS, DEFENDANTS, AND FANNIE DRAYTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1977.

Attorney(s) appearing for the Case

Mr. Peter A. Piro argued the cause for appellant (Messrs. Haskins, Robottom & Hack, attorneys; Mr. Thomas G. Brodo on the briefs).

Mr. Peter Shebell, Jr. argued the cause for respondents (Mr. Thomas F. Shebell, attorney; Messrs. Thomas F. Shebell, Jr., of counsel and Andrew P. Veechione on the brief).

Before Judges LYNCH, MILMED and ANTELL.

The opinion of the court was delivered by LYNCH, P.J.A.D.

This appeal involves application of the 1973 Comparative Negligence Law (N.J.S.A. 2A:15-5.1 et seq.) to a situation where one codefendant who settled with plaintiff during trial was found by the jury to be 0% negligent and the remaining defendant was found by the jury to be 100% negligent. The question to be resolved is whether in this circumstance there should be any pro tanto reduction...

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