WASHINGTON v. PEREZ

Docket No. A-4284-11T4.

62 A.3d 335 (2013)

430 N.J. Super. 121

Stephanie WASHINGTON, Plaintiff-Respondent, v. Carlos A. PEREZ, Olympia Trails and Olympia Trails Bus Company, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 2013.


Attorney(s) appearing for the Case

Michael K. Tuzzio argued the cause for appellants (Ronan, Tuzzio & Giannone, Tinton Falls, attorneys; Mr. Tuzzio , of counsel; Mr. Tuzzio , Marie A. Accardi and Thomas F. Rinaldi , on the brief).

Brian L. Katz argued the cause for respondent (Dansky Katz Ringold York, Marlton, attorneys; Mr. Katz , of counsel).

Before Judges FISHER, ALVAREZ and ST. JOHN.


The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, we consider whether the trial judge committed reversible error by instructing the jury that it could draw an adverse inference against defendants because they did not call their medical experts to testify. We agree with defendants that the judge mistakenly gave this instruction and reverse and remand for a new trial.

Plaintiff Stephanie Washington commenced this action alleging...

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