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Martin v. Prime Hospitality Corporation

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 11, 2001

Plaintiff Cynthia Martin was drinking with some friends at the Sports Authority Bar in a Ramada Inn owned and operated by defendant Prime Hospitality Corporation. A guest of the Inn, defendant Reginald Harris, sexually assaulted Martin in his room. Martin sued Prime and Harris seeking compensation for her injuries. After Harris defaulted, an Essex County jury found in favor of Martin and against Prime, awarding Martin $300,000. Prime appeals, raising several contentions including one we find persuasive that the jury should have apportioned fault among Martin, Prime and Harris and not restricted its focus to whether only Prime was negligent. This appeal thus presents for resolution the proper interpretation of Blazovic v. Andrich, 124 N.J. 90 (1991), in which the Supreme Court held that the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8, requires fault to be apportioned between a contributorily negligent plaintiff, a negligent co-defendant bar/restaurant and several co-defendants whose alleged fault was based on intentional conduct. Id. at 92-93.

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