The opinion of the court was delivered by COBURN, J.A.D.
In this automobile negligence action, a jury found both drivers to be at fault, assessing defendant's responsibility at 49% and plaintiff's at 51%. Accordingly, the trial judge entered judgment for defendant. Plaintiffs moved for a new trial based on the failure of the judge to incorporate N.J.S.A. 39:4-123(b) into the jury charge. After the motion was denied, plaintiffs filed this appeal. Although plaintiffs...
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