Publication Details

John V. Mallon and Richard W. Fogarty successfully defended an appeal to the New Jersey Superior Court, Appellate Division

John V. Mallon and Richard W. Fogarty successfully defended an appeal to the New Jersey Superior Court, Appellate Division

John V. Mallon and Richard W. Fogarty successfully defended an appeal to the New Jersey Superior Court, Appellate Division, on behalf of Allstate New Jersey Insurance Company.  On the sixth scheduled trial date, plaintiff sought an adjournment of the trial due to the fact that his expert witness could not be located and was unavailable to testify as to the permanency of his injuries.  The adjournment request was denied and plaintiff’s complaint was dismissed with prejudice, as he was unable to present an expert opinion of a permanent injury, which was required to meet the limitation on lawsuit threshold.  Following the dismissal, plaintiff’s counsel filed multiple motions seeking to reinstate the complaint, each of which was denied by the trial court.  Plaintiff ultimately appealed the dismissal and sought to overturn the denial of his motion to reinstate.  The Appellate Division affirmed the trial court’s decision, noting that there was no abuse of discretion in dismissing the complaint with prejudice based upon the circumstances presented.  The Court was particularly persuaded by the fact that no exceptional circumstances were demonstrated and plaintiff failed to show that a new expert witness had been retained which could lead to a finding of a permanent injury.