KUSTKA v. BATZ


236 N.J. Super. 495 (1989)

566 A.2d 238

WILLIAM F. KUSTKA AND SHARON KUSTKA, HIS WIFE, PLAINTIFFS-APPELLANTS, v. ROBERT J. BATZ, INDIVIDUALLY AND TRADING AS BLAINE TERMITE CONTROL; ABRAHAM J. FELDMAN AND ANNELIESE FELDMAN, HIS WIFE; HOUSE CHEK, INC. AND JOHN MULLER, DEFENDANTS, AND WEICHERT REALTORS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1989.


Attorney(s) appearing for the Case

Smith and Fenmore, attorneys for appellants (Arthur T. Smith, Jr., on the brief).

Broderick, Newmark, Grather & Aspero, attorneys for respondent Weichert Realtors (Alan J. Baldwin, on the brief).

Before Judges ANTELL, BILDER and ASHBEY.


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

On this appeal we are asked to examine the relationship between settlement, comparative negligence and the principles of joint and several liability. Also involved is the effect of a judgment entered on the record by the court on a form of negligence judgment prepared by counsel which does not in haec verba provide for joint and several liability.

The discovery of termites in their newly purchased...

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