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Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

Law360 (May 7, 2018, 10:29 AM EDT) -- In Krzykalski v. Tindall,[1] the New Jersey Supreme Court considered whether a jury can be asked to apportion fault between a named party defendant and a known but unidentified defendant — a “John Doe” — under New Jersey’s Comparative Negligence Act.[2]. Pointing to the CNA and the Joint Tortfeasors Contribution Law,[3]  the court held that a jury can apportion fault to a John Doe defendant, thus permitting the apportionment of fault to an individual or entity from whom the plaintiff cannot recover damages and reducing the plaintiff’s award of damages.

The plaintiff, Mark Krzykalski, sued the defendants David Tindall and John...

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