Brodsky v. Grinnell Haulers, Inc.

In this wrongful death, automobile negligence case, a jury returned a verdict in favor of plaintiffs, finding defendants sixty percent negligent and the bankrupt tortfeasor dismissed before trial forty percent negligent. The Appellate Division reversed the verdict on apportionment of damages only and remanded for a new trial on that issue. This case raises three significant issues arising under the Comparative Negligence Act. First, whether the Act permits a jury to assign a percentage of fault to a joint tortfeasor dismissed from the case due to a discharge in bankruptcy. Second, whether a…