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Torts Keyed to Goldberg
Bencivenga v. J.J.A.M.M., Inc.
Citation:609 A.2d 1299 (N.J. Super. App. Div. 1992)
Plaintiff was in a nightclub operated by the defendant when he was falsely accused of pinching a woman inappropriately. He brought suit against the nightclub, unnamed employees of the nightclub, and the man who punched him (as the fictitious defendant, because he did not know the identity of the assailant). The court found the nightclub negligent, and the defendant appealed on the grounds that liability cannot be correctly apportioned when a defendant is unnamed/fictitious.
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Topic Refresher CourseNegligence: Joint Tortfeasors, Identification and Contribution