265 A.3d 84
N.J.2021Background
- Plaintiff Todd Glassman (executor) sued property owners after his wife, Jennifer Collum-Glassman, tripped at a restaurant, suffered a fractured ankle, developed a pulmonary embolism after surgery, and died.
- Plaintiff later added wrongful-death/survival claims against hospital and treating physicians/nurses (Medical Defendants), alleging subsequent medical malpractice contributed to her death.
- Plaintiff settled with the property defendants for $1,150,000 before trial and dismissed them from the case.
- The trial court applied the App. Div. decision in Ciluffo and awarded the Medical Defendants a pro tanto credit based on the settlement amount.
- The Appellate Division reversed, holding Ciluffo’s pro tanto credit incompatible with New Jersey’s Comparative Negligence Act (CNA) and ordering jury apportionment of damages between the successive causative events.
- The Supreme Court affirmed the Appellate Division (modifying law): overruled Ciluffo and adopted a two-step apportionment procedure (divide damages by causative event, then allocate fault among non-settling defendants and mold the judgment accordingly).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ciluffo pro tanto settlement credit applies when plaintiff settles with initial tortfeasor before trial | CNA governs negligence generally; pro tanto credit incompatible with CNA; jury should apportion damages | Ciluffo remains good law for successive tortfeasors; pro tanto credit prevents double recovery | Overruled Ciluffo; pro tanto credit inappropriate; use fault-based apportionment consistent with CNA |
| Whether the Comparative Negligence Act applies to successive-tortfeasor settings | CNA principles apply to successive events and require fault-based allocation | CNA governs joint tortfeasors only and does not affect successive-tortfeasor settlements | CNA’s allocation principles govern successive-tortfeasor cases; factfinder must allocate by causation and fault |
| How to prevent double recovery after plaintiff’s settlement with initial tortfeasor | Jury should apportion damages to each causative event and then allocate fault among remaining defendants | Settlement should operate as automatic credit (pro tanto) against later defendants’ liability | Adopt two-stage procedure: (1) jury divides damages by causative event (do not disclose settlement amount); (2) jury allocates fault among non-settling defendants and court molds judgment |
| Whether settlement terms/amount should be considered by jury or whether fault allocated to settling defendant | Settlement amount irrelevant to jury; non-settling defendants may prove damages from first event but cannot rely on settlement amount | Settlement amount should reduce later defendants’ exposure (pro tanto) | Do not disclose settlement amount; do not instruct jury to assign fault to settling defendant; non-settling may introduce proof about first event and jury quantifies damages by event |
Key Cases Cited
- Ciluffo v. Middlesex Gen. Hosp., 146 N.J. Super. 476 (App. Div. 1977) (held trial courts may award a pro tanto credit to successor tortfeasors based on settlement amount)
- Young v. Latta, 123 N.J. 584 (1991) (non‑settling defendant who gives fair timely notice may obtain allocation of fault to settling defendant without crossclaim)
- Campione v. Soden, 150 N.J. 163 (1997) (endorsed two-step approach: apportion damages between successive accidents, then apportion fault for each)
- Judson v. Peoples Bank & Tr. Co. of Westfield, 17 N.J. 67 (1954) (early pro rata contribution jurisprudence under Joint Tortfeasors Contribution Law)
- Cartel Cap. Corp. v. Fireco of N.J., 81 N.J. 548 (1980) (settlement reduced plaintiff’s claim by settler’s pro rata share under pre‑CNA law)
- Town of Kearny v. Brandt, 214 N.J. 76 (2013) (settling defendant remains a “party” for allocation; allocation occurs without regard to settlement amount)
- Rowe v. Bell & Gossett Co., 239 N.J. 531 (2019) (credit to non‑settling defendants based on factfinder’s allocation of fault, not settlement amount)
- Daily v. Somberg, 28 N.J. 372 (1958) (settlement/release does not automatically release subsequent tortfeasors absent intent)
- Knutsen v. Brown, 96 N.J. Super. 229 (App. Div. 1967) (discussed compensating plaintiff for later injuries in judgments against initial tortfeasor)