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WILLIAMS v. JAMES

113 N.J. 619 (1989)

552 A.2d 153

LINDA WILLIAMS, PLAINTIFF, v. VICKI C. JAMES, JESSE B. JAMES, AND CYNTHIA A. HENRY, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. COUNTY OF UNION AND CITY OF PLAINFIELD, THIRD-PARTY DEFENDANTS. CYNTHIA HENRY, PLAINTIFF-APPELLANT, v. SHOP-RITE OF WATCHUNG, DEFENDANT-RESPONDENT, AND VILLAGE SUPERMARKET, INC., VICKI JAMES, JESSE JAMES, JADE ISLE RESTAURANT, JADE ISLE, INC., AND XYZ CORP. (NAME BEING FICTITIOUS), DEFENDANTS.

The Supreme Court of New Jersey.

Decided January 30, 1989.

Attorney(s) appearing for the Case

Herbert J. Kessler argued the cause for appellant (Kessler & DiGiovanni, attorneys; Vincent Jesuele, on the brief).

Stanley P. Fishman argued the cause for respondent (Greenberg, Margolis, Ziegler, Schwartz, Dratch, Fishman, Franzblau & Falkin, attorneys; Stanley P. Fishman and Thomas Hendrickson, on the brief).

The opinion of the Court was delivered by HANDLER, J.

This appeal involves a personal injury-negligence case tried before a six-member jury, which by a vote of five to one returned a verdict of no-cause for action against the plaintiff. The Court is asked to decide whether a juror who voted that neither party was at fault and thus disagreed with the majority of jurors on the issue of negligence could nevertheless subsequently deliberate and vote on the issue of how...

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