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BRODSKY v. GRINNELL HAULERS, INC.

827 A.2d 1104 (2003)

362 N.J. Super. 256

Gloria BRODSKY, Individually and as Administratrix Ad Prosequendum of the Estate of Bernard Brodsky and Dawn Brodsky-Serafin, Jill Wright and Corey Brodsky, Children, Plaintiffs-Respondents/Cross-Appellants, v. GRINNELL HAULERS, INC. and John Bennett, Defendants-Appellants/Cross-Respondents, and William Horseman, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 2003.

Attorney(s) appearing for the Case

Donald S. McCord, Jr., Morristown, argued the cause for appellants/cross-respondents (O'Donnell, McCord & DeMarzo, attorneys; Mr. McCord, of counsel and on the brief; David N. Heleniak, on the brief).

Bruce H. Nagel, Livingston, argued the cause for respondents/cross-appellants (Nagel, Rice, Dreifuss & Mazie, attorneys; Mr. Nagel, of counsel and on the brief; Adam M. Slater, on the brief).

Before Judges WEFING, LISA and FUENTES.

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

This appeal requires us to decide whether an ultimate outcome charge should be given in a civil trial where the plaintiffs were not negligent and the jury's task was to allocate causative fault among joint tortfeasors.1 The trial judge instructed the jury that plaintiffs may recover the full amount of their damages from any defendant found...

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