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KELLAM v. FELICIANO

No. A-1374-04T2.

871 A.2d 146 (2005)

376 N.J. Super. 580

Dennis KELLAM, Plaintiff-Respondent, v. John FELICIANO and Feliciano General Contractors, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 2005.

Attorney(s) appearing for the Case

Cindy Nan Vogelman, Secaucus argued the cause for appellants (Chasan, Leyner & Lamparello, attorneys; Ms. Vogelman, of counsel; Ms. Vogelman and Nicole R. Chhabria, on the brief).

Dennis G. Polizzi, Wyckoff, argued the cause for respondent (Marc A. Ross, of counsel; Mr. Polizzi, on the brief).

Frances A. Tomes, East Brunswick, argued the cause for amicus curiae ATLA-NJ (Tortoreti, Tomes & Callahan, attorneys; Ms. Tomes, on the brief).

Before Judges FALL, PAYNE and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

This appeal requires that we consider whether trial judges may authorize the use of discovery procedures — beyond those expressly permitted by rule — in Special Civil Part personal injury actions. Informed by notions of fundamental fairness, we conclude that a trial judge may order a plaintiff to answer Form A interrogatories, to submit to an independent...

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