Fattohi v. Cardner

The opinion of the court was delivered by

COBURN, J.A.D.

In this automobile negligence action, a jury found both drivers to be at fault, assessing defendant’s responsibility at 49% and plaintiffs at 51%. Accordingly, the trial judge entered judgment for defendant. Plaintiffs moved for a new trial based on the failure of the judge to incorporate N.J.S.A 39:4-123(b) into the jury charge. After the motion was denied, plaintiffs filed this appeal. Although plaintiffs raised other issues in their motion, *333which are again advanced here, we will limit our discussion to the charging error since it…