Why Did My Attorney Hire an Expert and Spend So Much Money on My Case?

August 21, 2016

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In New Jersey there is a specific rule that outlines when a plaintiff needs to hire an expert for a case. Often client ask me why would we spend money on this expert or that expert. The very simple answer is you need an expert to…

Expert Testimony of Police for Drug Cases

May 4, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Expert Testimony on Drug Possession versus Possession with Distribution In this case, State of New Jersey vs Jamison, the County Prosecutor identified one of their own investigator’s to be an ‘expert’ to testify what amount of drug possession equals possession with distribution, as opposed to just ‘possession’.  This can have a…

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…

No Harm No Foul–Harmless Error

May 28, 2015

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark As mentioned in the last blog concerning State v. Firman, a reversal of a conviction is not an overly common occurrence even when then trial judge has made a mistake. This is because of the concept of harmless error. If at trial, a mistake by the…

Common Sense Only As Good As Common Knowledge Without Expert Testimony

February 25, 2015

If you have questions about your civil case, or if you should involve an expert witness, contact civil law attorney Jeffrey Hark today. Juries and Expert Testimony in Civil Law Cases The Seventh Amendment provides the right to a ‘jury of your peers’ in certain civil cases. Why role do juries provide in a civil…

New Jersey Workers Compensation – Coverage of a Work Related Injury Part II

November 8, 2014

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, This is an appeal of a workers compensation judge’s decision based on 16 days of trial over many testimony dates.  Although the issues in this opinion have been reiterated in numerous prior opinions and in different settings I believe it is…

US Supreme Court Opinion Crawford Ruling Bludgeoned In NJ Trio of Cases Michaels, Roach and Williams

August 7, 2014

In three cases the NJ Supreme Court has allowed the state to call a witness who ‘reviewed’ lab results and prepared reports in criminal cases such as a supervisor of the actual lab technician who did the work was an adequate witness to be called at the time of trial.  In  Michaels, Roach and Williams…

Lay and Expert Testimony When Deciding Damages

July 21, 2014

Submitted by New Jersey Personal Injury Attorney, Jeffrey Hark This blog discusses Ghee v. Marten Transport Ltd., decided by the United States Court of Appeals for The Third Circuit and filed on June 25, 2014. It was an appeal of the denial of a motion seeking either a new trial or a remittitur. A remittitur…

Aggravation of a Preexisting Condition and Medical Expert Testimony | Yavuz v. Drury

May 5, 2014

Aggravated Preexisting Condition Award Requires Reasonable Medical Probability Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark 36-2-3756 Yavuz v. Drury, App. Div. A jury awarded plaintiff Bulent Yavuz $30,000 and plaintiff Samiye Gulderen Yavuz $80,000 in damages. Aggravation of a Preexisting Condition Defendants had conceded liability and the matter was tried on the issue…

Nursing Home Accidents and the Importance of Expert Witness Testimony

January 23, 2014

22-2-2532 Estate Of Frankie L. Garner v. Senior Care Centers Of America, Inc.,App. Div. (per curiam) (4 pp.) Defendant Senior Care Centers of America, Inc. operates an adult care facility. Garner, who was then eighty-four years old, was being cared for in the facility when she stood up and then abruptly sat back down, either…