Van Horn v. William Blanchard Co.

The opinion of the Court was delivered by

CLIFFORD, J.

After a bifurcated trial in this negligence action the jury returned a verdict finding plaintiff fifty percent negligent, one defendant thirty percent negligent and a second defendant twenty percent negligent. The trial court molded the verdict and entered judgment in favor of defendants, and thereafter denied plaintiff’s motion under R. 4:49-2 to amend the judgment. The Appellate Division affirmed, one judge dissenting, concluding that despite the fact that plaintiff’s negligence was not greater than the combined negligence of defendants,…