Daily v. Somberg

Daily v. Somberg, 28 N.J. 372, 146 A.2d 676 (1958) involved claims against joint tortfeasors and successor tortfeasors, respectively. In Daily, injuries that plaintiff received in a motor vehicle accident were aggravated by the subsequent malpractice of his treating physicians. The plaintiffs in each case suffered a separate harm from different parties and the Supreme Court refused to allow the ancient common law rule, that a release of one tortfeasor was a release of all, to be used to defeat the plaintiffs' attempts to be made whole.