Posts Tagged ‘net opinion’
Can Scientific Evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) Overturn Convictions Retroactively
State v. G.E.P. Appellate Docket No.: A-4-19 Decided August 5, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of those accused of sex crimes against children which was…
Read MoreFisher 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 In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of barring a plaintiff’s expert report for failing to prove causation.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…
Read MoreEXPERT 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 MoreNet Opinion — Summary Judgement and questions of fact
Issues: Net Opinion — Summary Judgement and questions of fact Estate of Manotoa v. Ruggerio, N.J. Super. App. Div. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: On the evening of December 11, 2015, William Manotoa (decedent) sustained fatal injuries when he was struck by a vehicle driven by defendant Robert Ruggiero,…
Read MoreUnlawful Possession of Drugs in a Motor Vehicle
State of NJ vs Haas (Not Approved for Publication by the New Jersey Appellate Division July 2, 2019) Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. How can the police prove I have certain drugs and can they charge me with unlawful possession or NJSA 39:4-49.1 (Drugs in a Motor Vehicle)? New Jersey’s Net…
Read MoreHow this Expert kept his opinions tied to the facts of the investigation!
LOUIS A. MAGDON v. HARLEY-DAVIDSON USA, New Jersey Appellate Division May 31, 2019 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark. Facts: Plaintiff purchased a new Harley-Davidson motorcycle in 2010 at Liberty, a Harley-Davidson dealership. Over the next several years, plaintiff serviced the motorcycle at Liberty, usually before going on a long trip.…
Read MoreFamily Court and NET Opinions
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. J.M. v. T.F., N.J. Super. App. Div. Facts: Defendant appealed from a final restraining order entered in favor of plaintiff pursuant to the Prevention of Domestic Violence Act of 1991. Plaintiff went to defendant’s home to pick up their daughter and was presented with a cup of…
Read More2019 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 MoreNet Opinion Comments of Expert Witness | New Jersey Appellate Court
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…
Read MoreI 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