A Capehart Scatchard Blog

Tag: Contribution

Plaintiff Able to Obtain Full Recovery of Verdict Against Defendant Tortfeasor Found to be 60% Negligent in Auto Case

By on July 2, 2021 in Claims with 0 Comments

The issue in the published Appellate Division decision in Carbajal v. Patel, 2021 N.J. LEXIS 73 (App. Div. June 2, 2021), was whether a plaintiff can obtain a full recovery of a jury verdict against a defendant found to be 60% negligent, when that defendant is unable to obtain contribution from the co-defendant found to […]

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Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim

By on February 12, 2021 in Negligence with 0 Comments

Plaintiff Eartha Butler claims that, on March 18, 2018, she suffered injuries after tripping and falling on a sidewalk adjacent to the defendant Badr’s Jersey City private school (“Badr”).  Badr was unaware of plaintiff’s claim until seven months after the accident.  At that time, it served a notice of tort claim upon Jersey City.  The […]

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Settling Defendant Not Entitled to Pursue Cross-Claim for Contribution

By on April 10, 2014 in Blog with 0 Comments
Settling Defendant Not Entitled to Pursue Cross-Claim for Contribution

A company responsible for maintaining cargo lifts found out in Cherilus v. Federal Express, 2014 N.J. Super. LEXIS 47 (App. Div. 2013) that after it settled with plaintiff, it would not be able to pursue the co-defendant manufacturer for contribution. In Cherilus, the plaintiff, Joseph Cherilus, was injured on a cargo lift at a Federal […]

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