JARRETT v. DUNCAN THECKER ASSOCIATES


175 N.J. Super. 109 (1980)

417 A.2d 1064

WALTER JARRETT AND FANNY JARRETT, H/W, PLAINTIFFS, v. DUNCAN THECKER ASSOCIATES; HOUDILLE CONSTRUCTION MATERIALS, INC.; BUCYRUSERIE COMPANY AND BINDER MACHINERY COMPANY, DEFENDANTS. ROBERT RYAN AND SUSAN RYAN, H/W, PLAINTIFFS, v. DUNCAN THECKER ASSOCIATES; HOUDILLE CONSTRUCTION MATERIALS, INC.; BUCYRUSERIE COMPANY AND BINDER MACHINERY COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided April 29, 1980.


Attorney(s) appearing for the Case

Herman A. Adler for plaintiffs Jarrett (Lomell, Muccifori, Adler, Ravaschiere & Amabile, attorneys).

Thomas H. Klein for plaintiffs Ryan.

Roy F. Britt for defendant Duncan Thecker Associates (Britt, Riehl & Missett, attorneys).

George N. Arvanitis for defendant Houdille Construction Materials, Inc. (Carton, Nary, Witt & Arvanitis, attorneys).


HAVEY, J.S.C.

This personal injury action raises a question in the application of the Comparative Negligence Act, N.J.S.A. 2A:15-5.1, et seq. If there is evidence of conduct which, if believable to the jury, would constitute negligence on the part of the employer of a plaintiff, should the judge present to the jury by special verdict the question of ascertaining the percentage of employer's negligence...

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