New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htmKenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures for the Bar and handles litigation matters. He is Past Chair of the ABA Tort & Insurance Committee,GP on Personal Injury and was a speaker at the ABA Annual Meeting attended by 10,000 attorneys and professionals. To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or

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Sunday, December 11, 2016

MARK R. KRZYKALSKI, ET AL. VS. DAVID T. TINDALL A-2539-14T3

MARK R. KRZYKALSKI, ET AL. VS. DAVID T. TINDALL
          A-2539-14T3/A-2774-14T3(CONSOLIDATED)
Plaintiff commenced this personal injury suit against defendant, whose vehicle rear-ended plaintiff's, as well as a fictitious defendant, an unknown driver, who had cut across the lane in which plaintiff was driving to make a left turn. The
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trial judge permitted the jury to determine whether both defendant and the unknown driver were negligent and, if so, to ascertain their respective responsibility for plaintiff's injuries; both were found negligent, and the unknown driver was found 97% responsible. The court held that the trial judge properly allowed the jury to apportion responsibility between the known and unknown defendants, extending Cockerline v. Menendez, 411 N.J. Super. 596 (App. Div.), certif. denied, 201 N.J. 499 (2010), which differed only because, in Cockerline, the plaintiff had already settled with the UM insurer and thereby fixed the unknown driver's contribution, and here no such settlement was reached and no proceedings had occurred with respect to the UM carrier.
     Judge Leone filed a concurring opinion.