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Expert Analysis

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

By Patrick Perrone, Loly Tor and Alexandra Kozyra (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....

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