Expert Witnesses

Default is not a Total Loss (NY)

In a personal injury action, plaintiff Castaldini claims personal injury when a propane tank exploded at the home of defendant Walsh. Upon defendant’s failure to answer, plaintiff’s motion to enter default judgment was granted by the trial court, and the case was sent to inquest for a trial on damages. At the inquest trial, plaintiff testified as to his injury and submitted a written sworn...Read More

Nanty-Glo Rule Saves Pocono Pet Store (PA)

In Lori Monti v. Pet Supplies Plus LLC, et al. plaintiff Lori Monti (“Monti”) tripped and fell outside of a pet store on an alleged sidewalk defect. Monti claimed that there was a dip in the sidewalk, which was surrounded by loose pieces of gravel.  She alleged her walker became entrapped in the dip, which caused her to fall and sustain serious bodily injuries. Monti filed suit against Pet...Read More

Painful Verdict for Pain and Suffering (NY)

The Bronx has a reputation for plaintiff-friendly verdicts, and the case of Cabrera v Port Auth. of N.Y. N.J. (2020 NY Slip Op 03993) did not disappoint. Plaintiff, an employee at a Dunkin Donuts franchise at LaGuardia Airport, was involved in an accident with a salt spreading truck in the parking lot during a snowfall. After a jury trial, she was awarded future damages for only a period of...Read More

Dogs Will Be Dogs – Posted Rules at Dog Run Merely a Suggestion? (NJ)

In Freed v. Bastry, the New Jersey Superior Court, Appellate Division, considered whether park guidelines for an off-leash dog area imposed a duty upon dog owners to other park goers in the off-leash dog area. The case arose after Defendants’, Linda and Frank Bastry (the “Bastrys”), over-eager, male golden retriever ran into the plaintiff, Janet Freed (“Freed”), during playtime with Freed’s...Read More

To What Degree Is it a Medical Certainty? (PA)

Recently, in Rolon v. Davies et. al., (2020 Pa. Super 106), the Pennsylvania Superior Court assessed the requisite degree of certainty required of a medical expert’s testimony. By way of background, the appellant filed a medical malpractice action, alleging, in part, that the appellees’ negligence led to his wife’s death. The suit alleged that appellees failed to diagnose an arterial blockage...Read More

Initial Victory Proves Costly in Still Ongoing Superstorm Sandy Coverage Dispute (NY)

As we endure the current crisis, New York courts are still adjudicating insurance disputes arising out of Superstorm Sandy, which is now almost eight years old.  Specifically, in Ain v. Allstate Ins. Co, homeowners and their insurer have been litigating whether or not damage to the insured’s residence is covered under their homeowners’ policy, or whether the damage is excluded because the...Read More

Clever Defense Strategy Leads to Victory for Motor Vehicle Insurer (NJ)

It is common practice for a defendant in a personal injury action to retain a doctor to conduct an independent medical exam (“IME”) of the plaintiff, with the intention of refuting the findings of the plaintiff’s medical expert.  Often, but not always, the defense report is favorable and the IME doctor will be called by the defense to testify at trial.  In Slomkowski v. New Jersey...Read More

Snowy with a Good Chance of Appeal (NY)

Although spring is almost here, premises cases involving snow and ice continue year round.  During a snow storm, it is important for residential building owners and snow removal companies to track storm data and confirm when the storm has passed them, in order to begin the snow removal process. In Ross v. Lewis, plaintiff fell at approximately 8 a.m. during a record snow storm in New York....Read More

Lack of Objective Evidence of Serious Injury Is Key to Dismissal (NY)

In the case of Nicholson v. Kwarteng, the Plaintiff was involved in a motor vehicle accident in August of 2015. According to the Plaintiff, she sustained serious injuries to her cervical spine and left shoulder as a result of the accident. After discovery was complete, the Defendant moved for Summary Judgment, asserting that the Plaintiff did not sustain a serious injury within the meaning of...Read More

Beware of Plaintiffs Who “Trip Up” on their Cases (PA)

In Katie Synder v. Ava Hunt et al., the Pennsylvania Superior Court analyzed compulsory nonsuit in a premises liability case.  The basis of the lawsuit is Plaintiff Snyder was walking across the shared driveway of eight defendants on the 6100 blocks of Castor Avenue and 1400 blocks of Benner and Lardner Street in Philadelphia. Plaintiff claimed that she tripped and fell in a hole behind a...Read More