A Capehart Scatchard Blog

Tag: Expert Testimony

Plaintiff Barred From Calling PIP IME Doctor as Expert at Trial

By on January 18, 2019 in Litigation with 0 Comments

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 […]

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Expert Testimony Needed for Questioning as to Airbag Deployment in Automobile Accident Case

By on November 9, 2018 in Litigation with 0 Comments

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 […]

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Plaintiff’s Retail Safety Expert Found Not Qualified to Testify as Expert

By on May 4, 2018 in Litigation with 0 Comments

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 […]

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Expert Testimony Needed to Establish Negligence Claim Based Upon Violation of State And Local Codes

By on October 6, 2017 in Negligence with 0 Comments

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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