Publication Details

Thomas A. Morrone and Richard W. Fogarty Successfully Defend Jury Verdict in Appellate Division

Thomas A. Morrone and Richard W. Fogarty recently prevailed in the New Jersey Superior Court, Appellate Division on behalf of a driver insured by Allstate New Jersey Insurance Company.  In the matter of Perry v. Perez, plaintiff alleged permanent injuries to her neck, back, and left shoulder following a motor vehicle accident in a parking lot.  During the course of the underlying trial, Mr. Morrone successfully convinced the jury that the plaintiff did not sustain such injuries as a result of the accident, focusing on the low impact nature of the accident, as well as introducing evidence of plaintiff’s prior motor vehicle accident.  This resulted in a jury verdict in favor of the Firm’s client, finding that plaintiff, who was not subject to the limitation on lawsuit threshold, did not sustain any injuries from the accident.  On appeal, plaintiff challenged 10 evidentiary rulings by the trial court judge and also argued that her motions for additur and a new trial were improperly denied.  Mr. Morrone and Mr. Fogarty convinced the Appellate Panel to reject each of these contentions, which related to the scope of the testimony of plaintiff’s treating provider, defendant’s biomechanical expert, defendant’s medical expert, defendant herself, and the responding police office, as well as the introduction of evidence regarding plaintiff’s prior accident, plaintiff’s delay in receiving medical treatment, and the admissibility of property damage photographs, the prior police report, and hospital records.  As a result, the jury verdict in favor of the Firm’s client was affirmed in its entirety.