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NORA v. LIVINGSTON TP.

171 N.J. Super. 579 (1980)

410 A.2d 278

FRANK NORA AND BONITA NORA, HIS WIFE, PLAINTIFFS, v. TOWNSHIP OF LIVINGSTON, DEFENDANT, AND PUBLIC SERVICE ELECTRIC AND GAS COMPANY, DEFENDANT-APPELLANT, AND SHERIDAN & SON, INC., DEFENDANT, AND COUNTY OF ESSEX, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 1980.

Attorney(s) appearing for the Case

William S. Smith, attorney for appellant (Henry L. SanGiacomo, of counsel).

Peter J. Stewart, attorney for respondent (Peter W. Rodino, III, on the brief).

Before Judges FRITZ, KOLE and LANE.

PER CURIAM.

Presented by this appeal is whether a joint tort-feasor whose negligence exceeds that of plaintiff is entitled to contribution from another joint tortfeasor whose negligence is less than plaintiff's. We conclude that there can be no contribution from a party not legally liable to the person injured.

In his complaint plaintiff Frank Nora alleged that on August 13, 1975 he was injured when his motorcycle...

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