Tichenor v. Santillo, 218 N.J.Super. 165, 527 A.2d 78 (App. Div. 1987)

Practice Areas: Automobile Liability/UM/UIM

Husband and wife brought motor vehicle negligence action against motorist, with regard to injuries suffered by wife in collision and husband’s per quod claim. Following verdict in favor of husband and wife, the Superior Court, Law Division, Middlesex County, initially reduced awards to both spouses based on 40% negligence attributed to wife by jury, but subsequently granted spouses’ motion for judgment notwithstanding verdict or new trial, entering judgment for full amount of awards. Motorist appealed. The Superior Court, Appellate Division, Petrella, P.J.A.D., held that: (1) evidence supported jury finding that wife was contributorily negligent, and (2) per quod award to husband was subject to reduction by amount of negligence attributable to wife.

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