Home Medical Malpractice A Review of Recent NJ Cases Involving Allocation, With Food for Thought From the Appellate Division

A Review of Recent NJ Cases Involving Allocation, With Food for Thought From the Appellate Division

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There have been some recent cases that involve allocation and contribution. These concepts are intricately intertwined. The cases raise some important points in dealing with joint tortfeasors. In particular, problems arise when a settling defendant attempts to pursue contribution from a non-settling person or entity.

When looking at contribution and allocation issues, the key statutes are the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-1, et. seq. and the Comparative Negligence Act, N.J.S.A.:15-5.1, et. seq. The underlying principle of these acts is that a tortfeasor should only have to pay its “fair share” of responsibility and to alleviate what was felt to be the harshness of “joint and several” liability, through which a tortfeasor whose acts contributing to the happening of an accident were only a minor factor in what occurred could end up bearing the entirety of a verdict.



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