A Capehart Scatchard Blog

Tag: Expert

Plaintiff’s Expert Report Barred Due to Failure to Distinguish Permanent Injury Suffered in Two Consecutive Car Accidents

By on October 23, 2020 in Discovery with 0 Comments

Plaintiff Abigail Perdomo appealed the trial court’s decision barring the expert report of her treating physician, Dr. Wayne Petermann, a chiropractor, as a net opinion.  Plaintiff had been in two different motor vehicle accidents in December, 2010 and, three years later, in November, 2013.  The issue in Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]

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Questions Of Proper Speed And Control Of A Vehicle Found To Be Question Of Fact In Auto Accident Case, Precluding Order For Summary Judgment

By on May 8, 2020 in Court Rulings with 0 Comments

The plaintiff Alma Miley was involved in an automobile accident with the defendant Andrew Friel.  It occurred at an intersection in which plaintiff’s direction of travel was controlled by a stop sign but defendant’s direction of travel was not.  The issue in Miley v. Friel, 2020 N.J. Super. Unpub. LEXIS 57 (App. Div. January 9, […]

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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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Court Determines That Property Owner Can Be Held Liable For Fall on Slippery Floor Due To Prior Notice of Condition

By on October 25, 2019 in Negligence with 0 Comments

Plaintiff Ella Jacob slipped on a hallway floor while working for her medical practice employer.  The office had been leased to her employer by the defendant Marlboro Gastroenterology, PC.  (“Marlboro”)  The issue in Jacob v. Marlboro Gastroenterology, P.C., 2019 N.J. Super. Unpub. LEXIS 2164 (App. Div. Oct. 23, 2019) was whether Marlboro could be held responsible […]

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Expert Testimony Not Needed to Establish Unlit Walkway Drop Off Was A Dangerous Condition

By on August 30, 2019 in Negligence with 0 Comments

Plaintiff Holly Hughes was a Certified Nursing Assistant who was hired by the defendant decedent’s daughter to provide nursing care to decedent (Leonard Owen) in his home.  On her first day of work, as she was leaving work, she tripped and fell at the end of the walkway, apparently due to a substantial drop off.  […]

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Orthopedist Found Not To Be Qualified To Testify As To Mechanism Of Personal Injury

By on August 16, 2019 in Testimony with 0 Comments

Plaintiff Jason Rodriguez was injured in a rear end collision and sued the other driver, defendant Faith Sheppard.  Liability was conceded and a jury trial was held as to damages only.  The issue in Rodriguez v. Mueller, 2019 N.J. Super Unpub LEXIS 1783 (App. Div. August 15, 2019), was whether the plaintiff had suffered sufficient […]

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Expert Testimony Not Needed to Substantiate Pecuniary Value of Loss of Child’s Advice, Guidance, and Companionship in Wrongful Death Action

By on March 15, 2019 in Wrongful Death with 0 Comments

This case arises from a tragic highway collision in which the defendant Stephen Rando’s SUV fatally struck the plaintiff’s son, Patrick Dutton, as he was riding his bicycle. The jury found that the defendant was 60% responsible for the accident while the plaintiff’s son Patrick was 40% responsible. The jury awarded the plaintiff, Patrick’s mother, […]

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Expert Needed to Prove Liability for Slip and Fall

By on April 16, 2014 in Blog with 0 Comments
Expert Needed to Prove Liability for Slip and Fall

In Turkowski v. Management Resources Systems, Inc., 2014 N.J. Super. Unpub. LEXIS 705  (App.Div. 2014), the plaintiff sued Rack Room Shoes, Inc. for personal injuries resulting from a fall at Rack Room, a retail shoe store. The trial court found that the plaintiff was unable to establish the defendant’s negligence without a liability expert and […]

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