AGHA v. FEINER

A-1 September Term 2008.

965 A.2d 141 (2009)

198 N.J. 50

Mahmoud AGHA, Plaintiff-Appellant, v. Valerie M. FEINER and Barbara A. Delillo, Defendants-Respondents, and Laura Sabagh, Jamil Sabagh, "Jane Doe", "ABC Company", "Mary Bo" and "XYZ Company" (all being fictitious designations), Defendants.

Supreme Court of New Jersey.

Decided February 26, 2009.


Attorney(s) appearing for the Case

Matthew J. O'Brien and Edward P. Capozzi, Fort Lee, argued the cause for appellant (Jaloudi & Jaloudi, attorneys).

Charles E. Powers, Jr., argued the cause for respondents (Harwood Lloyd, attorneys; Mr. Powers and Eileen P. Kuzma, Hackensack, on the brief).

Gerald H. Baker, Hoboken, argued the cause for amicus curiae Association of Trial Lawyers of America-New Jersey (Lawrence M. Simon, Ridgewood, attorney).

Peggy Sheahan Knee, President, submitted a brief on behalf of amicus curiae New Jersey State Bar Association (Ms. Sheahan Knee, attorney; Amirali Y. Haidri, Union, Eric G. Kahn, Springfield and Daniel E. Rosner, on the brief).


Justice LONG delivered the opinion of the Court.

At issue in this Automobile Insurance Cost Reduction Act (AICRA) case is the substantive admissibility of an MRI1 report prepared by a non-testifying radiologist and relied on by plaintiff's testifying physicians. One of the testifying physicians, a chiropractor, acknowledged that he was not qualified to interpret an MRI, and the other, an anesthesiologist...

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