Posts Tagged ‘net opinion’
Why Did My Expert’s Opinion Cause My Case to Be Dismissed?
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…
Read MoreSlip and Fall Dismissal Due To Net Opinion | Anderocci v. Coach Inc.
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiffs’ case becomes another slip and fall dismissal due to their expert’s net opinion and no facts specifically identifying the hazardous condition on defendant’s property. Anderocci v. Coach Inc. In this case plaintiffs went to the Coach store located in the Short Hills Mall. While reaching…
Read MoreExpert Testimony of Police for Drug Cases
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…
Read MoreWhat to Do When a Family Member Is Injured in Her Apartment
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Your Legal Options in a Fatal Slip and Fall Accident In this very unfortunate case the plaintiff was a older woman who was allegedly caused to fall down the stairs and became incapacitated and died as a result. The question becomes what is needed to prove…
Read MoreHiring the Right Expert Requires the Right Attorney
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…
Read MoreNew Jersey Workers Compensation – Coverage of a Work Related Injury Part II
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…
Read MoreNet Opinions Are Not A Smoking Gun
Submitted by New Jersey Civil Case Lawyer, Jeffrey Hark Expert Witness to Determine Cause of Fire In New Jersey there is a net opinion rule that prevents overly general expert opinions that are not supported by factual evidence from being admitted. In other words experts must provide factual backing for the conclusions they draw. In…
Read MoreSidewalk Liability: Slip and Fall | New Jersey Personal Injury
Submitted by New Jersey personal injury attorney, Jeffrey Hark Bell v. Turiello, App. Div. (per curiam) (15 pp.) Plaintiff was working as a mail carrier when she tripped and fell on the public sidewalk in front of defendants’ two-family home. She broke her ankle and injured her foot. She sued defendant-property owners alleging that their…
Read MoreAdmission of Expert Opinion Regarding "Non-Economic Damages" "Value of Life" Damages
Case summary provided by New Jersey attorney, Jeffrey Hark Johnson vs. Redd, Trial Court Hudson County NJ, L-855-11 In this trial court decision, the court reviews the ability of a party to submit evidence to the jury regarding the pain and suffering value of life based on several different methods of calculations. The trial court…
Read More