BRENNAN v. ORBAN


145 N.J. 282 (1996)

678 A.2d 667

MARY BRENNAN, PLAINTIFF-RESPONDENT, v. JOSEPH S. ORBAN, JR., DEFENDANT-APPELLANT. MARY KATHRYN BRENNAN, PLAINTIFF-RESPONDENT, v. JOSEPH S. ORBAN, JR., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 16, 1996.


Attorney(s) appearing for the Case

Steven K. Warner argued the cause for appellant (Satterlee, Stephens, Burke & Burke and Charles H. Brandt, attorneys; Thomas V. Manahan, of counsel).

Robert J. Durst, II and Beth G. Baldinger argued the cause for respondent (Stark & Stark, attorneys; Mr. Durst, Ms. Baldinger, and Sudha T. Kantor, on the briefs).


The opinion of the Court was delivered by O'HERN, J.

The question in this appeal is whether a marital tort that is joined with other claims in dissolution of marriage should be tried by judge or jury. We hold that when vindication of the public policy against domestic violence outweighs in its significance to the family the other matters awaiting disposition, the tort claim should, at the request of a victim, be tried by a civil jury.

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