The New Jersey Supreme Court addressed the allocation of damages in cases in which a plaintiff asserts claims against successive tortfeasors and settles with the initial tortfeasors before trial. The Court ruled that the principles established in Ciluffo v. Middlesex General Hospital, 146 N.J. Super. 476 (App. Div. 1977), concerning successor liability, do not further the legislative intent expressed in the Comparative Negligence Act and do not reflect developments in case law over the past four decades. Therefore, the Court set forth a procedure to apportion the damages assessed in successive-tortfeasor cases in which the plaintiff settles with the initial tortfeasors before trial.
