Bencivenga v. J.J.A.M.M., Inc.
Superior Court of New Jersey, Appellate Division
609 A.2d 1299 (1992)
Ralph Bencivenga (plaintiff) was assaulted on the dance floor of Club 35, owned by J.J.A.M.M., Inc. (defendant), after a strobe light was switched on and an unidentified man struck him, breaking his nose; none of the club's bouncers intervened before or after the attack, and staff escorted Bencivenga outside rather than calling police or medical help, with a bouncer explaining that the assailant had "juice." Bencivenga sued Club 35, its manager, and unidentified "John Doe" defendants including the assailant. At trial, Club 35 asked the court to instruct the jury to apportion negligence among Club 35, Bencivenga, and the fictitious "John Doe" assailant; the court declined, and the jury found Club 35 liable for failing to protect Bencivenga. Club 35 appealed.
Whether a jury applying New Jersey's comparative negligence law may apportion a share of liability to a fictitious "John Doe" defendant who was never served or made an actual party to the suit.