Tag: expert testimony
Expert Needed for Condominium Owner to Recover for Water Damage
Plaintiff, Harrison JC, LLC, a limited liability company, owned Unit 302 in Harrison Bridge Plaza, a 4-story condominium with commercial units on the first floor and residential units on the remaining floors. Plaintiff Harrison bought the unit in February 2010 and had leased it to various tenants. The unit experienced water seepage and leakage from […]
Experienced Trucking Employee Permitted to Offer Lay Opinion on Standard of Care for Transporting a Sealed Container of Food-Grade Substance
Plaintiff Mecca & Sons Trucking Corp. sued J.B. Hunt Transport, Inc. over a shipment it claimed was damaged while in the possession of J.B. Hunt. Because the seal on the food-grade shipment was broken, the customer had rejected the shipment. The issue in Mecca & Sons Trucking Corp. v. J.B. Hunt Transp., Inc., 2024 N.J. […]
Appellate Division Reverses and Remands No-Cause Verdict for Auto Negligence Claim Following Inadmissible Cross-Examination
By: Eric Richwine, Law ClerkEdited by: Betsy G. Ramos, Esq. The issue before the New Jersey Appellate Division in Rodriguez v. Cano, No. A-1561-21, 2023 N.J. Super. Unpub. LEXIS 1733 (App. Div. Oct. 12, 2023) was whether plaintiff Lenny Rodriguez (“Rodriguez”) was denied a fair trial following a no-cause verdict in a damages-only auto negligence […]
Homeowner Found Not Liable for Breach of Contract in Allegedly Concealing the Presence of Mold in Her Home
Plaintiffs, Robert Rogers and Joyce Rogers, entered into a real estate contract to purchase a home “as is” in an age-restricted community from defendants Nora and Christopher Conti. Ms. Conti had moved out of the property at least a year earlier due to health issues. The transaction was handled by her son as attorney-in-fact. The issue […]
Plaintiff Barred From Calling PIP IME Doctor as Expert at Trial
Plaintiff Jo Ann Catello Onello appealed from an order dismissing her complaint with prejudice following a jury verdict of no cause of action and an oral ruling barring the testimony at trial of her IME PIP doctor, Dr. Mark Berman. Plaintiff had been injured in a motor vehicle accident and sued the defendant who rear-ended […]
Expert Testimony Needed for Questioning as to Airbag Deployment in Automobile Accident Case
In a recently published Atlantic County Law Division case, Taing v. Braisted, 2017 N.J. Super. LEXIS 182 (Law Div. October 23, 2017), Judge Marczyk dealt with the issue as to whether defense counsel can question plaintiff about whether his airbag deployed in his vehicle at the time of the accident. The judge noted that there […]
Plaintiff’s Retail Safety Expert Found Not Qualified to Testify as Expert
Plaintiff Kim Yazujian sued PetSmart for an injury that occurred due to a slip and fall at one of their stores. The case was tried before a jury and the jury found PetSmart not liable. Plaintiff appealed on the basis that the trial court judge abused its discretion in excluding his retail safety expert from […]
Expert Testimony Needed to Establish Negligence Claim Based Upon Violation of State And Local Codes
Plaintiff Cornelia Wright was a tenant, living on the fourth floor of a Jersey City apartment building owned by defendant Premier Business Management, when she fell and was injured, while walking down a dark stairwell in the building. The building’s power was out due to an electrical power outage in Jersey City from Super Storm […]
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