Latest Case: Morales-Hurtado v. Reinoso (Civil Procedure)

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Morales-Hurtado v. Reinoso

Docket: a-5-19

Opinion Date: April 16, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure, Personal Injury

Plaintiff Juan Morales-Hurtado filed a vehicular negligence claim against defendant Abel Reinoso. The Supreme Court shared the Appellate Division's view that the cumulative effect of multiple errors deprived plaintiff of a fair trial and of a verdict based on the merits of the parties’ claims, and that he was entitled to a new trial. The Court took the opportunity to comment on the Appellate Division’s reversal of the trial court’s decision to exclude the opinion of Dianne Simmons-Grab, a certified life care planner. Simmons-Grab was not a physician or other health care provider, and was in the Court's estimation, "clearly unqualified to opine on plaintiff’s prognosis or to identify any medication, surgery, therapy, or other care necessary to treat his injuries over his lifetime." The trial court found that Simmons-Grab’s opinion was based on unreliable sources of information and excluded her testimony. As the court observed, she relied on medical records and questionnaires that she “prepared in detail . . . and submitted to the doctors for their markings and then sign off.” Although the questionnaires were “purportedly filled out . . . by the medical providers,” the court noted that “[t]he responses . . . by the medical providers were not certified,” and there was no indication that each physician had offered an opinion to a reasonable degree of medical certainty within his area of expertise. The Supreme Court held that in appropriate circumstances, an expert witness could rely on the opinion of another expert in a relevant field. "That principle, however, does not obviate the need to demonstrate that the treating physician on whom the life care expert relies actually holds the opinion attributed to him or her, which can be accomplished by means of a report by the treating physician, his or her trial testimony, or other competent evidence. . . . In the event that plaintiff seeks to present the expert testimony of Simmons-Grab on remand -- and defendant challenges the reliability of that opinion -- the trial court should conduct a hearing pursuant to N.J.R.E. 104(c), and determine the question of admissibility in accordance with the standards prescribed by N.J.R.E. 702 and N.J.R.E. 703."