YOUNG v. LATTA


123 N.J. 584 (1991)

589 A.2d 1020

STEVEN YOUNG, PLAINTIFF-APPELLANT, v. RICHARD S. LATTA, D.O., DEFENDANT-RESPONDENT, 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.

The Supreme Court of New Jersey.

Decided May 14, 1991.


Attorney(s) appearing for the Case

Richard M. Altman argued the cause for appellant (Pellettieri, Rabstein and Altman, attorneys; E. Elizabeth Sweetser, of counsel and on the briefs).

Jay J. Blumberg argued the cause for respondent (George & Korin, attorneys).


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

In this medical-malpractice case plaintiff settled before trial with one defendant-physician. In rendering a verdict for plaintiff, the jury allocated the percentages of fault as between the non-settling tortfeasor (the only remaining defendant at trial) and the physician who had settled. Although the non-settler had not filed a cross-claim for contribution against the settling defendant, the trial court nevertheless...

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