In a published opinion, the New Jersey Appellate Division held that judicial estoppel does not prevent a plaintiff from reversing a position on the negligence of a settling joint tortfeasor at trial.

According to the opinion, the plaintiff in this matter, Scott W. Adams as administrator and executor of the estate of Nancy Adams, filed a complaint on Aug. 17, 2015, against Drs. Steven Yang of Diagnostic Imaging and Herve Boucard, and Hamilton Gastroenterology Group. That complaint alleged negligence in the care and treatment of Nancy Adams, who died of gastric cancer on Aug. 17, 2013.

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