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LaMANNA v. PROFORMANCE INS. CO.

876 A.2d 785 (2005)

184 N.J. 214

Roseann LaMANNA, Plaintiff-Appellant, v. PROFORMANCE INSURANCE COMPANY, Defendant-Respondent, and John Does 1-10 (said names being fictitious, real names unknown) and ABC Companies 1-10 (said names being fictitious, real names unknown), Defendants.

Supreme Court of New Jersey.

Reargued March 28, 2005.

Decided July 14, 2005.

Attorney(s) appearing for the Case

Paul K. Caliendo argued the cause for appellant (Gill & Chamas, Woodbridge, attorneys).

Randi S. Greenberg argued the cause for respondent.

Edwin J. McCreedy, Cranford, President, argued the cause for amicus curiae New Jersey State Bar Association (Mr. McCreedy and Lum, Danzis, Drasco & Positan, attorneys; Mr. McCreedy and Wayne J. Positan, First Vice President, of counsel; Mr. Positan, Dennis J. Drasco, Kevin J. O'Connor and Michael J. Plata, on the brief).

Michael J. Cernigliaro, Asbury Park, argued the cause for amicus curiae New Jersey Defense Association (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys; Stephen J. Foley, Jr., on the brief).

Michael C. Walters, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

Tommie Ann Gibney, Haddonfield, submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America-New Jersey (Andres & Berger, attorneys).

Justice WALLACE delivered the opinion of the Court.

In this personal injury action, we consider the constitutionality of the statutory provision, N.J.S.A. 2B:23-17, which authorizes parties in a civil action to stipulate that a smaller majority of jurors than five-sixths may render the verdict. If we conclude the statute is constitutional, we must also decide if it was harmless error to accept a less than five-sixths jury verdict where the parties failed to...

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