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OSTROWSKI v. CAPE TRANSIT CORP.

853 A.2d 985 (2004)

371 N.J.Super. 499

John G. OSTROWSKI and Dolores Ostrowski, Plaintiffs-Respondents, v. CAPE TRANSIT CORP. and Ted M. Lively, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 2004.

Attorney(s) appearing for the Case

F. Herbert Owens, Cherry Hill, argued the cause for appellants (Cooper Levenson April Niedelman & Wagenheim, attorneys; Gerard W. Quinn, on the brief, Atlantic City).

Lars S. Hyberg, Northfield, argued the cause for respondents (McAllister, Hyberg, White & Cohen, attorneys; Mr. Hyberg, on the brief).

Before Judges SKILLMAN, WELLS and C.S. FISHER.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

In this personal injury case, the primary issue on appeal is whether defendants' presentation of expert medical opinion testimony that plaintiff was faking his symptoms of a serious brain injury constituted an attack on his character for truthfulness which plaintiff could rebut with evidence concerning his character for truthfulness. We conclude that defendants' evidence constituted an attack on...

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