Fisher v. Yum Yum Bagel

Fisher v. Yum Yum Bagel

Appellate Docket No.: A-0818-18T2

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark.

In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of barring a plaintiff’s expert report for failing to prove causation.

In Fisher, the plaintiff was walking toward her residence when her right foot was caught on the raised edge surrounding a ramp and she began to fall. She testified she tried to catch herself with her left foot, but there was debris on the ramp, causing her foot to slip. She landed on her left knee and right wrist. Plaintiff was wearing boots with a flat rubber sole and carrying groceries in a bag she described as fairly heavy.

The ramp was a painted and around the ramp was a cement surround, which is the part that caught her foot. Plaintiff sued the building owner and tenant.  Plaintiff found that neither the owner or tenant installed the ramp, and plaintiff amended the complaint to add additional defendants.

At trial, plaintiff hired a licensed engineer who inspected the sidewalk, and plaintiff’s discovery responses. The expert’s report outlined the physical aspects of the ramp, then concluded that the defendants were responsible for failing to maintain the ramp.

Defendant filed a motion in limine to exclude plaintiff’s expert’s report and testimony as a net opinion.  The trial Court granted defendant’s motion because the expert failed to prove that the defendant’s had actual or constructive notice of the sidewalk’s condition. Rather, the expert simply recited measurements of the sidewalk and concluded the defendants alleged a dangerous condition.

An expert report can make or break a personal injury case.  Make sure you hire an attorney who has relationships with experts, to ensure that he report meets the requirements to prove your personal injury claim, otherwise your complaint may dismissed just as the one above.

At Hark & Hark, we represent clients in for personal injury claims and use a variety of experienced experts to prove causation, notice, and damages. We work hard to ensure that our clients receive the maximum personal injury protection they are statutorily entitled to as a result of an accident.

For personal injury matters, you pay nothing upfront, and our fee is paid as a percentage of your recovery. If you are faced with personal injury as a result of an someone’s negligence, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Mercer, Ocean, and Salem counties.


Posted in

Criminal Civil Lawyer

Jeffrey Hark is a New Jersey Civil and Criminal Lawyer.

Leave a Comment