A Capehart Scatchard Blog

Tag: adverse inference

When Defense Decides Not to Call its Medical Expert to Testify at Trial, Plaintiff Not Permitted to Tell Jury That Doctor Had Been Retained by Defense but Not Called to Testify

By on February 14, 2020 in Evidence with 0 Comments

Plaintiff Peter Slomkowski had been involved in a rear end motor vehicle accident involving an underinsured motorist and sued New Jersey Manufacturers Insurance Co. (“NJM”) to recover benefits for his injuries. The key disputed issue at the trial of this matter was whether Plaintiff suffered a permanent injury as a result of the accident. In […]


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