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.
