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YOUNG v. LATTA

233 N.J. Super. 520 (1989)

559 A.2d 465

STEVEN YOUNG, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. RICHARD S. LATTA, D.O., DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND CARMEN ALAMENO, M.D., BURDETTE TOMLIN MEMORIAL HOSPITAL, A NEW JERSEY CORPORATION, JAMES MANLANDRO, D.O., AND ABC CORPORATION, SAID NAME ABC CORPORATION BEING FICTITIOUS, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 1989.

Attorney(s) appearing for the Case

Pellettieri, Rabstein and Altman, attorneys for appellant and cross-respondent (Richard M. Altman and E. Elizabeth Sweetser, of counsel; E. Elizabeth Sweetser on the brief and responding brief).

George & Korin, attorneys for respondent and cross-appellant (Jay J. Blumberg, on the brief and reply brief).

Before Judges GAULKIN, R.S. COHEN and ARNOLD M. STEIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

The novel question presented by this appeal is whether the negligence of both a settling tortfeasor and a non-settling tortfeasor may be decided by the jury in the absence of a claim for contribution by the non-settler. We agree with the trial judge and answer in the affirmative.

The essential facts are not in dispute. On August 12, 1983, plaintiff fell from the boardwalk in Wildwood to the...

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