Artibee v. Home Place Corp.

Plaintiff suffered injuries while traveling on a state highway when a large branch broke off a tree bordering the road, fell through Plaintiff’s Jeep, and struck her on the head. Plaintiff and her spouse, derivatively, brought this action alleging that Defendant, the alleged owner of the property on which the tree was located, was negligent in failing to inspect, trim, and remove the dead or diseased tree. Plaintiff also sued the State, alleging negligence on the part of Department of Transportation employees for failing to properly maintain the trees or warn drivers of hazards along the state highway. Defendant moved for a jury charge directing the apportionment of liability for Plaintiff’s injuries between Defendant and the State. The trial court denied Defendant’s request for a jury instruction regarding apportionment. The Appellate Division modified by reversing the denial of Defendant’s motion for a jury charge on apportionment. The Court of Appeals reversed, holding that the fact-finder may not apportion fault to the State when a plaintiff claims that both the State and a private party are liable for noneconomic losses in a personal injury action. View "Artibee v. Home Place Corp." on Justia Law