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ERTLE v. STARKEY

292 N.J. Super. 1 (1996)

678 A.2d 261

EUGENE E. ERTLE AND MICHELLE ERTLE, HIS WIFE, PLAINTIFFS-APPELLANTS, v. CHARLES E. STARKEY, WILLIAM V. KELLY, JAMES M. BLANEY, AND HAROLD C. WHITE, ALL INDIVIDUALLY AND D/B/A A PARTNERSHIP KNOWN AS STARKEY, KELLY, BLANEY & WHITE; GAVIN T. NATELLI; CHARLES E. STARKEY, TRUSTEE UNDER INDENTURE OF TRUST DATED JANUARY 1, 1977; CHARLES E. STARKEY AND EDWARD J. TURNBACH, INDIVIDUALLY AND D/B/A STARKEY, TURNBACH & WHITE, A PARTNERSHIP; MARY AILEEN STARKEY AND MARGARET P. TURNBACH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 1996.

Attorney(s) appearing for the Case

Robert P. Clark argued the cause for appellants (Clark & Noonan, attorneys; Mr. Clark and Joseph P. Lamont, on the brief).

John T. Bazzurro argued the cause for respondents (Wolff, Helies & Duggan, and Charles Peter Hopkins II, attorneys; Mr. Bazzurro and David A. Hardaker, on the brief).

Before Judges PETRELLA and PAUL G. LEVY.

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

Plaintiffs Eugene E.1 and Michele Ertle appeal from a jury verdict of no cause of action in a trip and fall case. The jury returned a verdict which apportioned 80% of the negligence to plaintiff; 10% to the defendant law firm, Starkey, Kelly, Blaney and White; and, 10% to defendant Gavin T. Natelli.

On appeal, plaintiffs argue that the verdict should be set aside because...

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