Janet Henebema v. South Jersey Transportation Authority (A-7-13; 072545)
The individual defendants’ liability and plaintiff’s comparative negligence are not intertwined with the issues to be determined on remand and therefore do not need to be considered by the jury at the retrial. The purpose of the retrial is to have the jury determine, from the evidence, whether the public entities’ employees were performing either ministerial or discretionary actions. Once the appropriate standard
is identified, the jury can determine, based upon the applicable standard, whether the public-entity defendants are liable.