Hi my name is Jane D'antoni and I used Rafael Gomez as our lawyer, he made it so that there are no court charges pressed, we had a wonderful day in court and I'm ready to go home and I'm happy.
THIS IS A SAMPLE OF HOW SOME AUTO ACCIDENT CASES ARE DECIDED BY THE NJ COURTS. OUR FIRM DID NOT PARTICIPATE AS COUNSEL IN THIS CASE. THIS IS MERELY A SAMPLE SUMMARY FOR INFORMATIONAL PURPOSES
JOSE CARBAJAL VS. NANCY V. PATEL, ET AL. (L-4317-17, MIDDLESEX COUNTY AND STATEWIDE) (A-1999-19)
In this third-party automobile negligence action, this court determined that plaintiff was entitled, under the Comparative Negligence Act (CNA), N.J.S.A. 2A:15-5.1 to -5.8, to fully recover his damages from defendant after the jury found her sixty percent responsible for causing the accident, even though defendant was unable to obtain contribution under the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-1 to -5, directly from plaintiff's uninsured motorist (UM) carrier. From a practical standpoint, defendant receives an offset up to plaintiff's uninsured motorist policy limit, thereby foreclosing the possibility of plaintiff receiving double recovery. But her inability to recover directly from the UM carrier for any amount defendant paid above her pro rata share does not present an obstacle to plaintiff's full recovery under the CNA.
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