Search Rutgers Law Library N.J. Court Opinions

1 Frugis v. Bracigliano -- rank: 1000

... the Board was not negligent. The panel concluded also that N.J.S.A. 59:9-3.1 mandated apportionment of liability between the Board and Bracigliano and ... in favor of plaintiffs on their claims against the Board. N.J.S.A. 59:9-3.1 mandates apportionment of fault between the Board and defendant Bracigliano ... wrongdoing. The Court agrees with the Appellate Division, however, that N.J.S.A. 59:9-3.1 requires apportionment of fault between the Board and Bracigliano. The ... the entity's percentage of fault. By its express language, N.J.S.A. 59:9-3.1 stands alone in determining a public entity's liability relative ... on joint tortfeasors that are inconsistent with the dictates of N.J.S.A. 59:9-3.1. (Pp. 28 to 31). 4. N.J.S.A. 59:9-3.1 states that a public entity is liable only for ...

docket:	a-156-01
court:	njsupreme
decided:	2003-07-29
status:
citation:	177 N.J. 250
Document Size:	112347

2 BRIAN FRUGIS and SUSAN FRUGIS, Individually, et al. v. SAMUEL BRACIGLIANO, -- rank: 741

... Board claims that pursuant to the Joint Tortfeasors Contribution Law, N.J.S.A. 59:9-3.1, the jury should have been directed to apportion liability between ... plaintiffs' contention has attraction and potential merit, we conclude that N.J.S.A. 59:9-3.1 requires its rejection. The statute provides, as follows:             Notwithstanding the ... J.S.A. 59:9-4].     The legislative history of N.J.S.A. 59:9-3.1 indicates that its specific purpose was to eliminate joint and ... of the public entity. Id. at 222. We conclude that N.J.S.A. 59:9-3.1 sets forth in clear and unequivocal terms that notwithstanding the ... the percentage of fault attributed to it by the jury. N.J.S.A. 59:9-3.1. If there is to be a change, it must be ... for the first time in that application the applicability of N.J.S.A. 59:9-3.1. We requested and reviewed supplemental briefs regarding the applicability ...

docket:	a6349-99
court:	njappellate
decided:	2002-03-22
status:	published
citation:	351 N.J. Super. 328
Document Size:	61496

3 JOHN W. HARDWICKE, JR., et al. v. AMERICAN BOYCHOIR SCHOOL, et al. -- rank: 734

... principal pursuant to applicable provisions of the Tort Claims Act. N.J.S.A. 59:9-3.1. The plaintiff took the position that apportionment in this context ... Frugis , the Court determined that allocation was statutorily required under N.J.S.A. 59:9-3.1. However, the Court resolved the constitutional problem that had been ... plaintiff's argument that the Appellate Division's construction of N.J.S.A. 59:9-3.1 violates the Thorough and Efficient Education Clause of our State ...

docket:	A3080-02
court:	NJ Superior Court Appellate Division
decided:	2004-03-26
status:	published
citation:	368 N.J. Super. 71 845 A.2d 619
Document Size:	129515

4 JOHN W. HARDWICKE, JR., et al. v. AMERICAN BOYCHOIR SCHOOL, et al. -- rank: 734

... principal pursuant to applicable provisions of the Tort Claims Act. N.J.S.A. 59:9-3.1. The plaintiff took the position that apportionment in this context ... Frugis , the Court determined that allocation was statutorily required under N.J.S.A. 59:9-3.1. However, the Court resolved the constitutional problem that had been ... plaintiff's argument that the Appellate Division's construction of N.J.S.A. 59:9-3.1 violates the Thorough and Efficient Education Clause of our State ...

docket:	A2803-02
court:	NJ Superior Court Appellate Division
decided:	2004-03-26
status:	published
citation:
Document Size:	129401

5 JOHN W. HARDWICKE, JR., et al. v. AMERICAN BOYCHOIR SCHOOL, et al. -- rank: 734

... principal pursuant to applicable provisions of the Tort Claims Act. N.J.S.A. 59:9-3.1. The plaintiff took the position that apportionment in this context ... Frugis , the Court determined that allocation was statutorily required under N.J.S.A. 59:9-3.1. However, the Court resolved the constitutional problem that had been ... plaintiff's argument that the Appellate Division's construction of N.J.S.A. 59:9-3.1 violates the Thorough and Efficient Education Clause of our State ...

docket:	A3081-02
court:	NJ Superior Court Appellate Division
decided:	2004-03-26
status:	published
citation:
Document Size:	129401

6 /usr/local/share/www/libweb/collections/courts/appellate/a1380-20.opn.html -- rank: 713

... the action.' Maison, 245 at 307. The Court explained that ' N.J.S.A. 59:9-3.1 provides for apportionment of fault between public- entity and public ... authorized by [ N.J.S.A. 59:9-2, -4]. [N.J.S.A. 59:9-3.1.] Addressing N.J.S.A. 59:9-3.1, the Court in Maison held: The plain language of the ... a tortfeasor is named as a party in the action. N.J.S.A. 59:9-3.1 provides for apportionment of fault between public- entity and public ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	33573

7 CARLOS SERPA v. NEW JERSEY TRANSIT -- rank: 612

... 59:9-2 and N.J.S. 59:9-4. [ N.J.S.A. 59:9-3.1] The statute thus provides that where there are joint tortfeasors ...

docket:	a4421-06
court:	njappellate
decided:	2008-07-11
status:	published
citation:	401 N.J.Super. 371
Document Size:	45922