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BENCIVENGA v. J.J.A.M.M., INC.

258 N.J. Super. 399 (1992)

609 A.2d 1299

RALPH BENCIVENGA, PLAINTIFF-RESPONDENT/CROSS-APPELLANT, v. J.J.A.M.M., INC., A CORPORATION OF THE STATE OF NEW JERSEY, D/B/A CLUB 35, DEFENDANT-APPELLANT/CROSS-RESPONDENT, AND JOHN DOE, MELVIN MESZAROS, SAM DOE, BEN DOE, TOM DOE, AND HARRY DOE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1992.

Attorney(s) appearing for the Case

Andrew C. Fried argued the cause for appellant/cross-respondent (Lorber, Schneider, Nuzzi, Vichness & Bilinkas, attorneys; George L. Schneider, of counsel; Messrs. Schneider and Fried, on the brief).

James C. Heimlich argued the cause for respondent/cross-appellant (James C. Heimlich and Judi Paparozzi, on the brief).

Before Judges GAULKIN, MUIR, Jr., and LANDAU.

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

In this personal injury action, the trial court denied the request of J.J.A.M.M., Inc., doing business as Club 35 (Club 35), to instruct the jury to compare the negligence of the club, the negligence of the plaintiff, and the intentional conduct of an unknown defendant, John Doe, for the purposes of apportioning liability under the Comparative Negligence Act...

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