Cox v. Valley Fair Corp.

The opinion of the Court was delivered by

*383SULLIVAN, J.

In this personal injury case, the Appellate Division set aside an award of damages in favor of plaintiffs on the ground of an improper and prejudicial summation to the jury by plaintiffs’ counsel. A new trial as to damages only was ordered. The ruling was based on our decision in Botta v. Brunner, 26 N.J. 82 (1958), which prohibits a plaintiff’s attorney from suggesting to a jury that it use a dollars per diem formula in calculating a plaintiff’s damages for pain and suffering. Certification was granted, 82 N.J. 273 (1979), to review…