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MURRAY v. NICOL

224 N.J. Super. 303 (1988)

540 A.2d 239

MICHAEL MURRAY, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. KARI S. NICOL AND EDWARD NICOL, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS, AND THE TOWNSHIP OF UNION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1988.

Attorney(s) appearing for the Case

Daniel G. Larkins argued the cause for appellant/cross-respondent (Goldberger & Finn, attorneys; Daniel G. Larkins on the brief).

Paul A. Spina, Jr., argued the cause for respondents/cross-appellants (McDermott, McGee & Ruprecht, attorneys; Paul A. Spina, Jr. on the brief).

Before Judges DREIER and BAIME.

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

This appeal and cross-appeal present questions of first impression. At issue is whether N.J.S.A. 59:9-3b, which mandates that in any case involving a public entity a settlement by one joint tortfeasor must be deducted pro tanto from a judgment against another joint tortfeasor, is applicable where the non-settling party is a private person.1 Ancillary questions

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