Expert Witnesses

What Happens When Trial Court Permits Plaintiff’s Doctor to Testify that the Defense’s Independent Medical Doctor is paid by an insurance company? A mistrial, according to New York’s First Department

Evidence that a defendant carries liability insurance is generally inadmissible at trial, so when a trial witness spills the beans as to the existence of insurance, a mistrial may be warranted. While a mere reference to insurance will not always result in reversal, New York’s First Department recently held that notifying a jury that an insurance company is generally responsible for hiring...Read More

Got Privilege? Think Again (PA)

In Virnelson v. Johnson Matthey, the Pennsylvania Superior Court addressed whether the defendants were required to disclose an on-site investigative report prepared by an engineering consultant after an accident. The plaintiff in this matter fell to his death after he inhaled excessive levels of nitrogen. Five days later, the defendants retained an engineering consultant to perform a site...Read More

You’re No Expert! $6.3 Million Verdict Tossed Because Expert Testimony on Pain and Suffering had No Sufficient Basis (PA)

In Cowher et al. v. Kodali et al., the Pennsylvania Superior Court granted a retrial because of erroneously admitted expert testimony.  Cowher, brought a wrongful death and survival medical malpractice claim against the doctor that failed to recognize her husband’s heart condition, which ultimately led to his fatal heart attack.  Mr. Cowher went to see defendant Dr. Sobhan Kodali after he...Read More

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