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MANATA v. PEREIRA

DOCKET NO. A-0506-12T4

93 A.3d 774 (2014)

436 N.J. Super. 330

Maria C. MANATA, Plaintiff-Respondent, v. Francisco A. PEREIRA, Defendant-Appellant, and State Farm Insurance Company, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 2014.

Attorney(s) appearing for the Case

David Della-Badia , Livingston, argued the cause for appellant (Sellar Richardson, P.C., attorneys; John M. Kearney , of counsel; Christopher W. Ferraro , Livingston, on the briefs).

John J. Megjugorac argued the cause for respondent (Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd, LLP, attorneys; Michael A. Gallardo , Newark, and Mr. Megjugorac , of counsel and on the brief).

Before Judges REISNER, OSTRER and CARROLL.

The opinion of the court was delivered by

OSTRER, J.A.D.

This appeal arises out of an automobile-pedestrian collision. It requires us to chart limits on the use of impeachment by omission when a cross-examiner references a third-party report to discredit a witness, without seeking to introduce the report into evidence.

Defendant Francisco A. Pereira, the driver, appeals from a $350,000 judgment after a jury found him solely liable in negligence for...

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