Bussell v. DeWalt Products Corp.

I agree substantially with the majority opinion, except for the result. Like the majority, ante at 223, and the Appellate Division, 204 N.J.Super. 288, 292-94 (1985), I believe that the trial court committed reversible error in failing to charge the jury that personal injury awards are not subject to federal or state income tax. Unlike the majority, ante at 229, but still like the Appellate Division, I conclude that the failure to so instruct the jury was “clearly capable of producing an unjust result.” Id. at 294; see R. 2:10-2.

My difference with the majority arises from our varying…