Neno v. Clinton

On appeal from and certification to the Superior Court, Appellate Division.

Plaintiffs sustained serious injuries after being hit as they walked across a highway intersection by a truck owned by defendant Gilsonite Music Industries, Inc. (Gilsonite). Plaintiffs filed suit against Gilsonite and Derek Clinton (Clinton), the driver of the truck. The jury found that Clinton was negligent, but that his negligence was not a proximate cause of the collision, and the Law Division entered judgment for defendants. The Appellate Division majority affirmed that judgment in an unpublished opinion. The dissenting member determined that the trial court improperly had admitted the opinion of the investigating traffic officer concerning the cause of the accident. The dissent also concluded that the verdicts were inconsistent, requiring a retrial. Plaintiffs filed a notice of appeal as of right, R. 2:2-1(a), and a petition for certification. We granted the petition, Neno v. Clinton, 165 N.J. 488 (2000), and now reverse.