Supreme Court of New Jersey Clarifies Fault Allocation for Non-Parties Outside of the Court’s Jurisdiction
Highlights
Following a recent decision by the Supreme Court of New Jersey, an individual who is not subject to personal jurisdiction in New Jersey is not considered a “party” under the Comparative Negligence Act (CNA)
Non-parties who are outside the jurisdiction of New Jersey courts cannot have liability assigned to them by a jury under the CNA. As a result, they must be excluded from the jury’s fault allocation on the verdict sheet due to lack of jurisdiction
In New Jersey, a defendant may seek contribution under the Joint Tortfeasors Contribution Law or corresponding state statue in a court that has jurisdiction over the non-party
The Supreme Court of New Jersey rendered its decision in the case of Estate of Crystal Walcott Spill v. Markovitz on March 11, 2025. The decision affirms the Appellate Division’s decision to exclude a New York-based doctor from the verdict sheet due to lack of jurisdiction.
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