A Capehart Scatchard Blog

Tag: Net Opinion

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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Recent Successful Motion to Bar Plaintiff’s Liability Expert as “Net Opinion” Resulting in Summary Judgment

By on September 18, 2020 in Liability with 0 Comments

Our firm recently prevailed on a Motion to Bar the report of a Plaintiff’s Expert as “Net Opinion,” which then led the Court to grant our Motion for Summary Judgment on behalf of our client.  The matter was Broome v. ShopRite of Millville, et al., venued in Cumberland County, Docket No. L-468-18.  This favorable disposition […]

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Chiropractor’s Report Barred in Automobile Accident Case Due to Inability to Distinguish Between Lumbar Permanency Plaintiff Suffered in Two Different Accidents

By on March 18, 2019 in Permanency with 0 Comments

Plaintiff Abigail Perdomo claimed to have suffered a lumbar injury causing two disc bulges at L4-5 and L5-S1 in a December 2010 automobile accident. Thereafter, in November 2013, plaintiff was again in an automobile accident and testing showed that she had the same two bulging discs. In Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]

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Plaintiff’s Flooring Expert Report Barred as Net Opinion

By on November 11, 2016 in Negligence with 0 Comments

Plaintiff Elaine Anderocci was shopping in a retail store known as Reed Krakoff, in the Short Hills Mall, when she reached for a handbag and slipped and fell, fracturing her shoulder. Plaintiff claimed that the floor was very slippery, “like a sheet of glass.” In Anderocci v. Coach, Inc., 2016 N.J. Super. Unpub. LEXIS 2343 […]

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