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Unexpectedly made a left turn, cutting off the cars in the left lane. Was in the left lane traveling north, and the car driven by defendant David Tindall was directly behind plaintiff’s car.Īs the left-lane traffic proceeded through an intersection, a vehicle in the right lane driven by John Doe The car driven by plaintiff Mark Krzykalski This case arises out of a car accident in Florence Township. Party defendant and a known but unidentified defendant (John Doe). (CNA), the Court is called upon to determine whether a jury should be asked to apportion fault between a named In this automobile accident case brought under the Comparative Negligence Act, Interest of brevity, portions of any opinion may not have been summarized.) It has been neither reviewed nor approved by the Supreme Court. It has been prepared by the Office of the Clerk for theĬonvenience of the reader. (This syllabus is not part of the opinion of the Court. The Court concluded the jury properly apportioned fault between the named party defendant Tindall and the John Doe defendant because plaintiff and defendant acknowledged the role of John Doe in the accident, plaintiff’s Uninsured Motorist (UM) carrier was aware of the litigation, and plaintiff had “fair and timely” notice that defendant would assert that John Doe was the cause of the accident. 2A:15-5.1 to -5.8 (CNA), and the question presented for the New Jersey Supreme Court's consideration centered on whether a jury should be asked to apportion fault between the named party defendant and a known but unidentified defendant (John Doe).

This case was brought under the Comparative Negligence Act, N.J.S.A.

Defendant, however, was unable to stop in time and rear-ended plaintiff’s vehicle. Plaintiff was able to stop his car without striking the vehicle in front of him. As the left-lane traffic proceeded through an intersection, a vehicle in the right lane driven by John Doe unexpectedly made a left turn, cutting off the cars in the left lane. The car driven by plaintiff Mark Krzykalski was in the left lane traveling north, and the car driven by defendant David Tindall was directly behind plaintiff’s car. This case arose from a car accident in Florence Township, New Jersey.