Posts Tagged ‘expert testimony’
$117 million Verdict Overturned in Johnson and Johnson Talcum Powder Personal Injury Case
Lanzo v. Johnson & Johnson Docket No.: A-5711-17 Decided April 28, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division overturned a jury verdict in the amount of $117 million, remanding for a new trial, for discovery errors made by the judge in including certain unreliable expert…Read More
Witnesses That Are Not Expert Witnesses Can Only Testify as To Their Firsthand Knowledge
State v. Amrit Singh Appellate Docket No.: A-37-19 Decided January 21, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether a detective’s reference to “the defendant” while narrating surveillance footage of a robbery and comparing defendant’s shoes to those in the video were reversible…Read More
EXPERT OPINIONS AND ‘NET OPINIONS’ WHAT THAT EXPERT MUST SAY — ANOTHER PRIMER ON THE SUBJECT
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…Read More
Tripoli v. Big Top Arcade Blog ! Experts Experts and More Experts!!! Did your attorney hire the right ones???
Superior Court Of New Jersey, Appellate Division Decided June 10, 2019 Joseph Tripodi and Denise Tripodi, v. Big Top Arcade/ Patricia Hershey Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Procedure: Plaintiffs appeal the trial court order granting defendants’ motion for summary judgment. Plaintiffs alleged, “they sustained severe permanent injuries including significant hearing loss.“…Read More
2019 What is a net opinion? Why can’t my expert testify in my case?
Philadelphia Contributionship vs. Ryan, Inc. New Jersey Appellate Division Unreported Decision decided January 9, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: Defendant is a fuel oil company that provided fuel for the oil-fired furnace located in the home of David Munz. Defendant also serviced the furnace for many years. Approximately one month before December…Read More
Rothblat v. ABC Door Company
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark My son was hurt at private school and I want to make a claim against the school. My son was injured at a basketball game and I want to sue the athletic association. My child was injured at religious school and I want to make a…Read More
I was injured on a New Jersey Transit bus. Can I sue? How do I prove my case?
Dawkins v. One Bus, Decided December 29, 2017 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The facts of this case are very straight forward. The plaintiff-bus passenger was injured when several unruly passengers came onto the bus and assaulted the plaintiff when she was about to exit the bus, striking her and throwing…Read More
Child Sex Abuse Accommodation Syndrome (CSAAS) and Expert Testimony in New Jersey
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In this case the Supreme Court directed the trial court to examine the ability of the State to introduction expert testimony concerning child sex abuse accommodation syndrome (CSAAS). This case study is a perfect example of the trial court acting as the gatekeeper, allowing or not…Read More
Expert Opinion Must be Based on Fact and Not Speculation
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…Read More
When and Why Expert Opinion is Needed in Negligence Cases
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Bomtempo v. Six Flags Great Adventure LLC, N.J. Super. App. Div. (September 2016). In this case plaintiff alleged to have been injured at Six Flags Great Adventure Amusement Park. Plaintiff ‘s attorney failed to obtain an expert to provide an ‘expert’ opinion addressing the alleged negligence…Read More