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FISCHER v. CANARIO

143 N.J. 235 (1996)

670 A.2d 516

JERRY FISCHER, ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF RACHEL FISCHER, DECEASED, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. ARTHUR T. CANARIO, M.D., DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND NORMAN MAGID, M.D. AND JOHN DOES 1 THROUGH 5, DEFENDANTS.

The Supreme Court of New Jersey.

Decided January 30, 1996.

Attorney(s) appearing for the Case

Hugh Francis argued the cause for appellant and cross-respondent (Francis & Berry, attorneys; Peter A. Olsen, on the briefs).

Thomas R. Chesson argued the cause for respondent and cross-appellant (Porzio, Bromberg & Newman, attorneys; William A. Krais, on the briefs).

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

The primary issue in this appeal is the scope of the prospective application of the damage-apportionment rule announced by the Court in Scafidi v. Seiler, 119 N.J. 93, 574 A.2d 398 (1990). Also at issue is whether the trial court erred in refusing to give the jury an "ultimate outcome" charge.

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