Brodsky v. Grinell Hauling, Inc.
- Case Date: 2/19/2004
- Project Name: Civil Justice Reform
On August 10, 2004, the New Jersey Supreme Court affirmed a decision that ensures equitable allocation of tort liability when several defendants are deemed liable for inflicting injury. Under current law, each defendant generally must pay a share of the damage award based on the jury's findings regarding each defendant's share of the blame. The plaintiffs in this case asked the court to change that system when one of the defendants has declared bankruptcy and thus cannot pay its share of any judgment; they asked that juries be instructed in a manner that would encourage them to allocate damages only among the solvent defendants. The court agreed with WLF, which filed a brief in the case, that it would be unfair to defendants to provide such jury instructions. WLF argued that juries should be encouraged to assign fault in a manner dictated by the evidence, not by sympathy for injured parties.
More Information and Downloads:
2/19/2004: Download the Brief
Litigation Update: New Jersey Supreme Court Upholds Ruling On Comparative Negligence