Twanda Jones v. Morey’s Pier, Inc. (A-75-15; 077502)
When a defendant does not serve a timely notice of claim on a public entity, and is not granted leave to file a late notice of claim, the statute bars that defendant’s cross-claim or third-party claim for contribution and common-law indemnification against the public entity. Accordingly, the Morey defendants’ third-party contribution and common-law indemnification claims against the Association are barred. On remand, the trial court should afford the Morey defendants an opportunity to present evidence that the Association was negligent and that its negligence was a proximate cause of Abiah Jones’s death. If the Morey defendants present prima facie evidence, the trial court should instruct the jury to determine whether any fault should be allocated to the Association. If the jury finds that the Association was negligent and that its negligence was a proximate cause of her death, the trial court should mold any judgment entered in plaintiffs’ favor to reduce the damages awarded to plaintiffs by the percentage of fault that the jury allocates to the Association.
