Conviction Reversed Because the Testifying Officer Improperly Promoted His Credentials Even Though He Was Not There for An Expert Opinion

June 13, 2022

State v. Imier Green Appellate Docket No.: A-2565-19 Decided June 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed defendant’s conviction because the testifying officer improperly promoted his credentials even though he was not there for an expert opinion, only a lay…

Green Light Law – Responsibility in Motor Vehicle Accidents

March 4, 2020

Wegner v. Derrico DOCKET NO. A-4910-17T2 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark   This case at first resembles a classic case of “who had the green light” turned into a question of what information can be brought to trial to prove the right of way. Defendant was heading south as Plaintiff…

EXPERT OPINIONS AND ‘NET OPINIONS’ WHAT THAT EXPERT MUST SAY — ANOTHER PRIMER ON THE SUBJECT

December 8, 2019

KISHA MANLEY, v. ZIP LUBE OF BROAD STREET, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION December 6, 2019 Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Facts: In 2015, plaintiff took her vehicle to defendant for an oil change. Approximately six days later she began experiencing problems with the vehicle’s acceleration, and the engine made noise. Plaintiff took…

Net Opinion Comments of Expert Witness | New Jersey Appellate Court

August 22, 2018

Once again the New Jersey appellate court has weighed in on the “net opinion“ comments of an expert. Submitted by New Jersey Slip and Fall Attorney, Jeffrey Hark. Did your attorney hire a qualified expert? Did the expert tie his opinions to the facts as well as the current standard of care and generally accepted…

Why Did My Expert’s Opinion Cause My Case to Be Dismissed?

June 22, 2017

31-2-3476 DiGiovanni v. Saker Shop Rites, Inc., N.J. Super. App. Div. (per curiam) (21 pp.) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Experts are used quite often in both civil and criminal cases.  When scientific, technical, or other specialized knowledge falls outside the common knowledge of an average juror or even judge, an…

Expert Opinion Must be Based on Fact and Not Speculation

May 23, 2017

Submitted by New Jersey Civil Lawyer, Jeffrey Hark. 32-7-3233 Horan v. Dilbet, Inc. , D.N.J. (Bumb, U.S.D.J.) (12 pp.) The District Court of New Jersey recently decided a case regarding shellfish food poisoning.  The Plaintiffs got sick after consuming clams and sued the restaurant for negligence.  In order to prove the restaurant was responsible for feeding the…

My Case was Dismissed Because of My Expert? I Thought He was an Expert…

April 26, 2017

32-2-3104 Ixcopal v. Crown Equip. Corp., N.J. Super. App. Div. (per curiam) (15 pp.) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. New Jersey’s Appellate Division recently dismissed a product’s liability case because the plaintiff’s expert did not base his opinion on adequate evidence.  As a result, the plaintiff’s claim was dismissed. In this case a…

How the Use of Experts in Criminal Cases is Different from Experts in Civil Cases

September 22, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State vs. Green Earlier this week we wrote a blog addressing the requirement for experts in civil cases to provide testimony regarding a defendant’s duty, breach of that duty, and the causal relationship to a plaintiff’s damage. These are civil burdens of proof the plaintiff is obligated…

Hiring the Right Expert Requires the Right Attorney

October 30, 2015

Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In spring of 2010 a vehicle next to an apartment building caught fire. Nobody knows the cause but there are suspicions an unattended grill may have been the cause. The fire spread to the building owned by defendant Emma Gavidia and then onto a neighboring building owned…

The Danger of Leaving the Door Open During Witness Examination

June 8, 2015

  Posted by New Jersey Civil Law Attorney, Jeffrey Hark. Sallee v. Stagnitti, decided June 2, 2015, arose out of an incident where the plaintiff allegedly was walking on the sidewalk in the parking lot of a restaurant called The Mill at Spring Lake Heights when she was struck by Mr. Stagnitti. It should be…