A Capehart Scatchard Blog

Tag: Settlement

Allocation of Negligence as to Fictitious Defendant Permitted in Personal Injury Action

By on December 16, 2016 in Negligence with 0 Comments

Plaintiff Mark Krzykalski sued defendants David Tindall and a John Doe, alleging negligence in the operation of their vehicles that caused an accident in which he was injured. At trial, the judge allowed the jury to allocate negligence between defendant Tindall and the fictitiously named John Doe. In the published decision of Krzykalski v. Tindall, […]

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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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