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|U.S. Navy Douglas TBD-1 Devastator torpedo bombers pictured in various stages of assembly at Douglas Aircraft Company's Santa Monica, California (USA), plant. Note that the aircraft already carry the markings of Torpedo Squadron 2 (VT-2), which received its first delivery of Devastators in 1938.
The TBD-1 BuNo 0300 was lost with the USS Lexington (CV-2) on 8 May 1942, BuNo 0301 was lost in a barrier crash 6 January 1939. Visible in the background is the DC-3-220A (c/n 2023). This aircraft was assembled by Fokker and delivered to Czecnoslovakia as "OK-AIE". On 24 August 1939 it was taken over by the German Lufthansa (as "D-AAIE Mährisch-Ostrau"). Damaged on 14 August 1944 during a day attack on Echterdingen, it was written off on 9 December 1944. The other plane seems to be an USAAF B-18 Bolo.
|7 January 1938
|U.S. Navy National Museum of Naval Aviation photo No. 1996.253.886
|U.S. Navy
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The author of Achilles in Vietnam explores the problems faced by combat veterans when they re-enter American life, using Homer's Odyssey as an allegorical template and advocating changes in American military practice that could help prevent psychological and moral injury to milit ...
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Designed to help prepare students for a successful career in the Australian fitness industry. Written to align with competencies from the new SIS10 Training Package, the text introduces the essential skills and knowledge needed for a career as a fitness instructor. It uses numero ...
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Closely follows the SIT07 Tourism, Hospitality and Events Training package and covers the knowledge aspects of the Tourism Industry National Competency Standards up to Certificate II level. Includes interactive DVD.
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Hotel Karolstay Rome: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Rome, Italy.
Hotel Karolstay Rome offers 3-star accommodation in Rome. It is ideally positioned for guests wishing to sightsee in the area.
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Non Sequitur by Wiley Miller
- June 06, 2014
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Eddie's the master of restraint.
'It's raht next to the one from Marilynn Monroe.'
It was taken right after Pete Townshend flung him off the stage.
I had classmates who went. They said, they got soaked, and filthy, and they starved, and couldn't get close enough to the stage to hear, much less see the bands. But other than that, they had a great time!
To which of them does the restraining order apply???
From the video Joe Cocker looks like he had a great time.
I stopped in Chapleau on Sunday and Tuesday for lunch on my way to/from Cochrane.
And yes, Blue Jays are doing well while Tigers are blowing their lead.
watmiwory, good one…This one is funny because actually Hillary has no connection to Bengazi……..40 republican investigations have proved that….
Strange bedfellows … ?
You dirty old bird!
Hillary's the voice for the bad brown acid on the PA (just kidding).
This I love! In 2000 I didn't want to vote for Obama. I felt he didn't have enough experience. I had voted for Hillary in the primary. I figured it was the closest thing to getting Bill back. I have always admired McCain and thought the republican machinery treated him like crap. Part of me thinks he choose Palin in order to lose! There were so many better qualified & less air-headed women he could have chosen. Condi Rice is a very smart person. I am sure there are other women in the party who are also intelligent. If the party hadn't been corrupted by religious zealots I may have stayed one. I picked George Senior over Bill originally.
Well, maybe Eddie could resolve the deadlock between the rivals claiming to govern Lybia. It would be better that little wannabe political hack wannabe.
That's when they were Happy Together.
Forgive me if this is nitpicking. In 2000 it was Bush/Gore, how could we forget.
Obama didn't run until 2008.
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B.A.P.S. Photos
Movie Info
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as Nisi
as Mr. Blakemore
as Manley
as Mickey
as Tracy
as Antonio
as Isaac
as Ali
as Ali
as James
as Mr. Johnson
as Z.Z.
as Tiger J
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as Himself
as Bartender
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as Airline Passenger
as Audition Dancer
as Music Store Salesman
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as Herself
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as Herself
as Himself
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Critic Reviews for B.A.P.S.
All Critics (31) | Top Critics (11) | Fresh (4) | Rotten (27) | DVD (1)
t's a celebration of bonds that are thicker than blood and demonstrates above all that fame-and-fortune fantasies can blur divisions of race and class as persuasively as they can exaggerate them.
Formulaic and distastefully fake, Townsend's modern fairy tale unsuccessfuly tries to combine the premise of Pretty Woman with the formats of the fish-out-of-water and culture-collision.
You can see how the black, modern-day Pygmalion-type story could work, just, but not with this heap of cabbage leaves for a script, and not with such desperately goofy acting from Berry and Desselle.
It's good for a half-hour of humor before the fun starts to dissolve.
Paying movie-goers deserve more, especially from someone who has previously shown signs of genuine comic aptitude.
They both do good work, but it's Desselle who steals the film and grabs the major laughs.
Audience Reviews for B.A.P.S.
Fuck this movie too. Halle Berry and Martin Landau did this movie. Basically a fish out of water / culture collision movie. Much like Soul Plane, let's make fun of white people! They sure are stuffy and uptight! Big nails. Big Hair. Horrible outfits. Yes, this movie has everything. BAPS ladies and gentleman! Black American PrincesseS. Basically, the BAPS see a commercial to become Heavy D's sexy video girl and it pays $10,000. Halle Berry has a dream to own a fucking restaurant / salon and those run about $10,000 so this is perfect. The BAPS go and realize that this is a sham, no real audition. Just a guise by Martin Laundau's nephew Isaac. The guise? Get his uncle, Laundau, to leave HIM his riches. How? Shit, I don't know and I watched the mother fucker. Even the Flixster description is trying to figure it out. It doesn't know either and it's Flixster. So basically this really complicated plan happens. Isaac hires these two African American chicas because Laundau once loved an African American maid named Lily. Laundau is pretty fucking ancient, so this is probably back in the 50s when Jim Crow laws were still intact and Laundau looked like he dropped N bombs left and right, so I bet you Lily didn't love his racist fucking ass back. But hell, Laundau is old and decrepit so why not give an old dying racist a final wish. The two BAPS have to pretend to be Lily's grandchildren. How this is supposed to get his nephew all the riches? I'm not sure. Seemed like Laundau had no other friends other than his butler, Manley, and Isaac. So why would you introduce two women? Doesn't Isaac know that old white guys love giving young big breasted women who wear cheetah pants all of their money? Anna Nicole did marry a corpse a few years before this movie came out. So whatever. Then come hilariou....well come scenes that happen with BAPS and the butler, MANLEY. He always looks like he smelled a five year old's fart. Classic crotchety old man butler, BUT the BAPS rub off on him. To the point where he starts saying shit like, WEST SIDE! Isn't that funny? You aren't laughing? Hmmmm.. Also Martin Laundau starts busting a move near the end of the movie. Fucking christ. I'm surprised we didn't see a rapping grandma. Probably a deleted scene. So finally the ALS or whatever Laundau has (overwhelming guilt of a bigot perhaps? OGofB!) and he's in his death bed. The BAPS still call him Mr. whateverthefuckhisnamewasinthemovie, but they've learned to love him. This is where Laundau also tells the BAPS that he knew it was a ruse the whole time, Lily never had any children. Gasp? He probably murdered her .BAPS were probably thinking they fucked this guy for no reason. Isaac is just creepily standing around with a shit eating grin. UNTIL HIS COMEUPPANCE! When they go to the lawyer's, turns out BAPS get his inheritance (who would have fucking seen that coming?) and then the sound goes out and Orchestral swells hit. BTW, this movie was always hitting the Orchestral swell, trying to get those tear glands going. So this scene continues, but no sounds. Just orchestra playing. And you see the lawyer moving his mouth, and you see Isaac flipping his shit but no words coming out because you need the ORRRRCHEESSTRAALL SWELLLLLL!!!! So the BAPS open up their fucking stupid restaurant / saloon thing. And I think that's it. Really. I still don't have any clue why Isaac thought this plan would work. Maybe I'm missing a key detail or something. Like he would have them sign a contract that says, "any inheritance you get, I get" or something. But whatever it is, it sounds MORE complicated than just letting that old man die. Maybe it was to get Laundau to die faster? But couldn't he just find a way to kill him? Like a sneaky poison? Or maybe spooking the guy when he's walking down the stairs. Or maybe do what normal people do and trick Laundau into signing a document that would give all his money to Isaac. Shit, really why did Isaac do any of this?! Oh I'm not gonna go back and watch it. I give this 1 perm out of 5.
I love this movie and I love MS. HALLY BERRY SHE MY FAVORITE ACTOR I LOVE EVEY MOVIE SHE PLAYED IN AND I WENT TO SHE HER NEW MOVIE THE CALL!!! (LOVE U MS. BERRY)
Worst picture I have ever seen in my life. These aren't ladies these are embarressing caracitures. Anyone who enjoyed this heep DO NOT be my friend.
Super Reviewer
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Online Class
Patternmaking Basics: The Bodice Sloper
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This is my Baby Pixie Boots knitting pattern. They can be made in any dk yarn of your choice. The pattern provides full instructions to make these pixietastic boots in 4 sizes XS,S,M & L so they can be made for preemies,tiny babies ,newborns and babies up to 9 months old. The actual boots are knitted in one piece and the pixie motif requires only basic embroidery so bring out the elf in you and make some today!!!!!


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November 21, 1994
On Report and Recommendation of the Board on Professional Responsibility.
Before Schwelb and Farrell, Associate Judges, and Newman, Senior Judge.
PER CURIAM: Petitioner, an attorney, consented to his disbarrment in the District of Columbia in August 1981 after being charged with disciplinary violations for alleged mishandling of funds in three probate matters. We previously denied a petition for reinstatement which he filed in 1987. In re Brown, 617 A.2d 194 (D.C. 1992). We now accept the recommendation of the Board on Professional Responsibility and a Hearing Committee that petitioner be reinstated to the Bar of the District of Columbia on two conditions.* See In re Roundtree, 503 A.2d 1215, 1217 (D.C. 1985) (summarizing criteria for reinstatement). One of those conditions has been satisfied: petitioner has certified to his completion of Continuing Legal Education courses and (more recently) two courses on professional responsibility under the District of Columbia Rules of Professional Conduct. As the second condition, the Board recommended that if and when petitioner engages in the private practice of law (his declared intention was to accept an administrative agency position), his practice should be monitored for a period of six months starting with the resumption of private practice. In view of the length of time petitioner has been disbarred, we accept this recommendation too as appropriate.
Therefore, the petition for reinstatement is granted, on the condition that petitioner shall notify the Board at least one month before engaging in the private practice of law of his intention to do so. Upon such notification, the Board shall appoint a member of the District of Columbia Bar to monitor petitioner's practice for a period of six months. This monitoring shall not be required if petitioner is employed by a government agency.
So ordered.
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Crum, Gary E.
Bibliographic Citation
Human Life Review 1982 Summer; 8(3): 55-69
MetadataShow full item record
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Nazi Bioethics and a Doctor's Defense Crum, Gary E. (1982)
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After Nature: The Varieties of Technological Experience Review of Beyond Therapy: Biotechnology and the Pursuit of Happiness, by the President's Council on Bioethics; Life, Liberty and the Defense of Dignity: The Challenge for Bioethics, By Leon Kass; Enough: Staying Human in an Engineered Age, by Bill McKibben Greenberg, Gary (2004-03)


text:
The team, coached by physical education teacher Bonnie Carter for the last 1 2 years, not only won the overall state title, but the North Hunterdon team no. 2 girls finished second for an unheard-of, 1-2 team finish for two squads from t he same school. And, the years the North girls have not won, they've placed second twice and third one other time over those past seven competitions. "It is just a tribute to the kids, and the hard-work and dedication they put in," said coach Carter after the trophies and medals were presented to the participants at the school on last Wednesday morning.
"We have tremendous female athletes here at North, and the fitness level shows in each competition," Carter said. "We have kids from all different sports involved, gymnasts, basketball players, swimmers, track athletes, softball players, and soccer players, who are all outstanding students as well.
She added, "The team self-perpetuates itself, with kids on the team recruiting other kids, and then coming out to support each other. It has really become a commitment that the girls take seriously, and begin working to find a team in November, being working in earnest right after the Christmas break. We have workout sheets that all the kids complete in our weight- room after school, or at their own gyms."
Carter said the school gymnasts really are a positive influence on the team, wit h all of them staying in competitive condition as all as being year-round competitors.
The competition has five different challenges, with crunches (sit-ups in two minutes), push-ups (two minute time limit), standing long jump, pull ups and a 300- yard shuttle-run.
The Lady Lion state championship team included seniors Gwen Doyle and Caitlin McKeever two veterans of the competition over the past four years along with junior Dawn Giel (another veteran), sophomores Courtney Ravita and Chelsea Sudol, and frosh Keely Marsh.
That team had a team total of 1,495 points, with North Hunterdon team number two in second place from among teams all over the state with 1,207 points. Marlboro High School's girls team placed third with 1,115 points.
North's team two included senior Eric Krowicki, junior Shari Gorga, sophomores Nicole Porcaro, Kristen Boyer and Cara Ponticelli, and frosh Jody Farrell. Alternates were Nicole Wowchuck and Ashley Coppola, with scorekeepers Holly Greiner and Stacey Lauer.
Freehold Township's Katie Lane won the individual state title with 350 total points, with North's Gwen Doyle second with 338 points, and Dawn Giel in third place in the individual standings.
Doyle was the top female in the pull-ups competition with 31, while Giel was first in crunches (sit-ups) with 142 in the two minutes allotted.
Chelsea Sudol was second in the shuttle run in 61 seconds, while Keely Marsh was second in push-ups with 127.
"It is amazing how the girls pull for one another," said Carter. "That's why we score so well. When a competitor is getting tired, or having trouble, their teammates are right there to cheer them on to greater heights. It is truly a team sport in that sense, with individual performances."
The top five scores from the top individuals on the team count in the competition.
North Boys Fourth
The North Hunterdon boys team, coached by school strength coach Brian Maginnis for the past four years, took fourth overall in the event.
Maginnis, though, was disappointed with the end results, and also at the lack of discipline and organization in the event.
"I was proud of all the kids," said Maginnis. "Everyone performed to their be stability, and we scored well enough. But I honestly felt we were the second best team there, and I think that the lack of organization hurt us, as other teams took advantage of the situation.
"Last year we finished second to Absegami (the winner again this year), and I felt we were right there with them," the coach said. "I don't think the other two teams that beat us really performed better. The event this year was not run very well, and really left a sour taste in my mouth."
The North A team was led junior Larry Johnson, who scored 412 points to place in the top five competitors, and did 141 real push-ups, according to Maginnis.
"We were a lot tougher on our scoring than some other teams," said Maginnis. ' 'But, unlike in the past years, each team kept its own scoring, and monitored it s own events. I think that was not the way to do it."
Senior Pat Shaddow and sophomores Jake Luker, Jeremy Meehan and Josh Prado rounded out the A team that finished fourth with 1,824 points.
The North B team placed 13th overall in the standing and was composed of seniors James Nelligan and Brandon McCarthy, sophomores Greg Eisenhart, Dan Fisher and Rick Frondorf, and frosh Russ Battistoni and Bill Dowd.
For the first time, Voorhees High School had a boys team in the competition, coached by new head wrestling coach Bob Angstdt, also a physical education teacher for the Vikings.
The Vikes finished a respectable eighth and coach Angstadt was happy with the first-time effort. The Vikes scored 1,676 points.
"We didn't really know what to expect, and have only been working on this for two months or so, but I was proud of the kids," the coach noted. "I recruited guys that have been in the weight room with me in the spring, and some kids from my physed classes, It was really a young team with no seniors, and we did OK."
Junior Matt Milkowski was the high scorer for the Vikings. with sophomores C.J. Vitiello, Sean Larson, Tom Bleck, and Doug Thorson, along with frosh Justin Papa and Dan Brong.
"The kids enjoyed the experience, and really are anxious to see if they can better the scores next year," Angstadt noted. "And, we hope to have a girls team in next year's competition as well."


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decided: June 1, 1983.
MARGARET WICKER, APPELLANTv.CIVIL SERVICE COMMISSION, APPELLEE
Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Margaret Wicker v. Civil Service Commission, No. 2276.
Margaret Wicker, appellant, for herself.
Alan J. Davis, City Solicitor, with him Reba C. Smallwood, Deputy City Solicitor, for appellee.
Judges Blatt, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Williams, Jr. Judge Craig concurs in the result only.
[ 74 Pa. Commw. Page 549]
This is an appeal from the Court of Common Pleas of Philadelphia County affirming a Philadelphia Civil Service Commission (Commission) decision upholding appellant's dismissal*fn1 from her clerk-stenographer
[ 74 Pa. Commw. Page 550]
II position at Philadelphia General Hospital.*fn2 This appeal was submitted on briefs without oral argument.*fn3
Section 8(b) of the Local Agency Law,*fn4 2 Pa. C.S. § 754(b), limits our scope of review in appeals of this nature. Thus, we must affirm the Commission's adjudication unless appellant's constitutional rights were violated, an error of law was committed, the provisions of the Local Agency Law were violated in the Commission's proceedings, or the findings of fact are not supported by substantial evidence. Foley v. Philadelphia Civil Service Commission, 55 Pa. Commonwealth Ct. 594, 597, 423 A.2d 1352, 1353 (1980).
Unfortunately, because of numerous substantial defects in appellant's brief, defects which greatly impair our ability to conduct meaningful appellate review, we are constrained to quash this appeal without reaching the merits. In quashing an appeal because of a substantially defective brief, the Superior Court wisely noted:
We decline to become appellant's counsel. When issues are not properly raised and developed in briefs, when the briefs are wholly inadequate to present specific issues for review, a court will not consider the merits thereof. (Citations omitted.)
[ 74 Pa. Commw. Page 551]
Commonwealth v. Sanford, 299 Pa. Superior Ct. 64, 67, 445 A.2d 149, 150 (1982) (citations omitted); see Page 551} also, In Re: Condemnation of the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 480320 etc., Pa. Commonwealth Ct. , A.2d (708 C.D. 1981, filed April 13, 1983); Commonwealth v. Taylor, Pa. Superior Ct. , 451 A.2d 1360 (1982); Commonwealth v. Wyant, 254 Pa. Superior Ct. 464, 386 A.2d 43 (1978).
Explicit requirements to be followed in writing briefs, and the penalty for failing to adhere to same, are set forth in the Pennsylvania Rules of Appellate Procedure.*fn5 Specifically, Pa. R.A.P. 2101 states:
Briefs and reproduced records shall conform in all material respects with the requirements of the rules as nearly as the circumstances of the particular case will admit, otherwise they may be suppressed, and, if the defects are in the brief or reproduced record of the appellant, and are substantial, the appeal or other matter may be quashed or dismissed.
Thus, whenever our ability to exercise the power of review is substantially impaired due to gross deviations from the appellate rules, we will suppress the defective brief and quash the appeal. Accord, Sanford; Taylor; Wyant.
The rules denominating the minimal requisites for a proper brief before this Court are set forth at Pa. R.A.P. 2111 et seq. Pa. R.A.P. 2111(a)*fn6 generally enumerates essential topical matters and their correct
[ 74 Pa. Commw. Page 552]
order while Pa. R.A.P. 2114 through Pa. R.A.P. 2119*fn7 correspondingly develop with greater detail topics listed under Pa. R.A.P. 2111(a).
Appellant's brief materially deviates from these rules in numerous substantial respects, including: (1) failure to include statement of jurisdiction in violation of Pa. R.A.P. 2114; (2) failure to include a verbatim text of the order in question in violation of Pa. R.A.P. 2115; (3) failure to append a copy of the Commission's adjudication to brief in violation of Pa. R.A.P. 2111(b); (4) failure to include a statement of the questions involved in violation of Pa. R.A.P. 2116(a); (5) failure to include a summary of the argument in violation of Pa. R.A.P. 2118; (6) failure to divide argument "into as many parts as there are questions to be argued" in violation of Pa. R.A.P. 2119(a).
Absent in appellant's brief are those matters, enumerated under Pa. R.A.P. 2111(a), whose inclusion in correct order is the sine qua non for proper appellate review. Instead, appellant's brief is a hotchpotch consisting of "general rambling discourse" rife with invective, innuendo and insult, see, Sanford, 299 Pa. Superior Ct. at 67, 445 A.2d at 150, lacking any citation to authority and including under a section entitled "New Findings of Fact" scandalous and impertinent matter bearing slight relevance to the appeal.
Even if we were inclined, notwithstanding the substantial defectiveness of appellant's brief, not to
[ 74 Pa. Commw. Page 553]
quash the appeal, we are constrained by the mandatory language of Pa. R.A.P. 2116(a) to do so. Pa. R.A.P. 2116(a) and pertinent case law clearly and emphatically mandate the inclusion of a statement of questions involved in an appellant brief:
This rule is to be considered in the highest decree mandatory, admitting of no exception; ordinarily no point will be considered which is not set forth in the statement of questions involved or suggested thereby.
Pa. R.A.P. 2116(a). Therefore, since appellant has failed to posit any questions for our consideration, we shall consider none. See, Commonwealth v. Unger, 494 Pa. 592, 432 A.2d 146 (1980);*fn8 In re Appeal of John J. Elias, 70 Pa. Commonwealth Ct. 404, 453 A.2d 372 (1982); Hogentogler v. Windsor Township Zoning Hearing Board, 65 Pa. Commonwealth Ct. 451, 442 A.2d 834 (1982); Department of General Services v. Weinberger Co., Inc., 65 Pa. Commonwealth Ct. 201, 441 A.2d 1341 (1982); Czitrom v. Unemployment Compensation Board of Review, 52 Pa. Commonwealth Ct. 537, 416 A.2d 109 (1980); Wyant.
The appeal is quashed.
And Now, the 1st day of June, 1983, the appeal of Margaret Wicker from the order of the Court of Common Pleas of Philadelphia County dated May 11, 1981, is quashed.
Judge Craig concurs in the result only.
Appeal quashed.
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November 9, 2010
VICTORIA KEARNEY, MADELINE KEARNEY, AND GAVIN RODEN, MINORS, BY THEIR GUARDIAN AD LITEMS, ANNE PEZZELLA, AND ALVIN RODEN, PLAINTIFFS-RESPONDENTS,v.COREY J. CLIFFORD, DEFENDANT-APPELLANT, AND COLIN J. CLIFFORD AND CASEY E. WALSH, DEFENDANTS.JENNIFER ANN RODEN, PLAINTIFF-RESPONDENT,v.COREY J. CLIFFORD, DEFENDANT-APPELLANT, AND COLIN J. CLIFFORD AND CASEY E. WALSH, DEFENDANTS.
On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Docket Nos. L-3682-06 and L-5-07.
Argued April 20, 2010
Before Judges Skillman, Fuentes and Gilroy.
This is a consolidated personal injury negligence action. Defendant Corey Clifford appeals from the April 28, 2009 order that entered judgment against him based on a jury verdict in the amount of $17,550,000, together with prejudgment interest. Defendant also appeals from the May 15, 2009 order that denied his motion for a new trial, or, in the alternative, for a remittitur. We affirm in part, reverse in part, and remand to enter an amended judgment.
On August 5, 2006, plaintiff Jennifer Roden operated her automobile in Parkertown, with her then husband, Alvin Roden, seated in the front passenger seat, with the parties' son Gavin Roden, and Jennifer Roden's two daughters, Victoria Kearney and Madeline Kearney, seated in the rear passenger seat. While the Roden vehicle proceeded northbound on East Main Street, defendant Corey Clifford, operating a vehicle owned by his father, defendant Colin Clifford, proceeded in the opposite direction on the same street. Suddenly and without warning, the Clifford vehicle crossed the center dividing line on the roadway and struck the Roden vehicle head-on. The Roden vehicle was then struck from behind by a vehicle operated by defendant Casey Walsh. The Clifford vehicle was insured by New Jersey Manufacturers Insurance Company (NJM) with a combined $500,000 single limit liability insurance policy.
On November 20, 2006, Alvin Roden and the minor plaintiffs filed a personal injury negligence action against defendants Corey Clifford, Colin Clifford, and Casey Walsh. Jennifer Roden filed a separate complaint on December 18, 2006.*fn1 On April 27, 2007, the trial court consolidated the two actions.*fn2
On November 7, 2007, one of plaintiffs' counsel sent a letter to defense counsel demanding that NJM deposit the insurance policy proceeds into court. NJM did not comply with the demands. On November 7, 2008, defense counsel sent plaintiffs' counsel a letter advising that he had obtained authority from NJM to offer $478,122.81 in full settlement of all claims, said amount representing defendant's policy limits, less $21,877.19 previously paid to Jennifer Roden on her automobile property damage claim. Plaintiffs' rejected the offer to settle.
On November 13, 2008, defendant filed a motion seeking to deposit the balance of his insurance policy proceeds into court. The court granted the motion, and defendant deposited the insurance proceeds on January 14, 2009. On March 30, 2009, the matter proceeded to trial on the issue of damages only, defendant having stipulated to liability.
Plaintiffs Jennifer Roden and Alvin Roden testified on their own behalf and in support of the children's claims. Although the children were present in court, they did not testify themselves. Plaintiffs also presented testimony of four medical experts via de benne esse videotape depositions: Dr. Loretta Christensen, a board certified trauma surgeon, testified to the injuries sustained by the three minor children; Dr. Arthur Mark, an orthopedic surgeon, testified to the injuries suffered by Gavin Roden; Dr. Aaron Green, an orthopedic surgeon, testified to the injuries suffered by Jennifer Roden; and Dr. Robert Dengrove, a board certified forensic psychiatrist, testified to his psychological evaluation of Jennifer Roden. Defendant did not present any medical witnesses to refute plaintiffs' experts' testimony. The testimony and exhibits introduced at trial evidenced that plaintiffs suffered the following injuries in the accident.
Gavin Roden
Gavin Roden*fn3 was three-and-one-half months old at the time of the accident. Following impact, Gavin was transported by emergency personnel to the Southern Ocean County Hospital where he was evaluated and released. Within days, Gavin was brought back to the hospital after his great aunt noticed swelling of his right leg and that upon movement of the leg, Gavin cried. X-rays revealed a fracture of Gavin's femur. On August 7, 2006, Southern Ocean County hospital transferred Gavin to Jersey Shore University Medical Center (JSUMC) in Neptune, where he came under the care of Dr. Mark. Dr. Mark placed Gavin in a "Pavlik" harness, an immobilizing device used on children because their bones are still growing.
Dr. Mark described Gavin's discomfort while using the brace for four to six weeks as "the idea [of using the brace] is that the brace will keep the legs or the hip joint flexed at 90 degrees and the knee flexed at 90 degrees so that the hip will stay still." Individuals using the brace "have to either remain on their back or in a seated position. Their legs are always flexed at 90 degrees, both the hip and the knee at all times with the brace on." Lastly, the doctor opined that he believed Gavin would have permanency of "some minor limp disturbances" from the leg injury.
While at JSUMC, Gavin underwent a neurological examination that revealed "extra axial cerebrospinal fluid space," that is, fluid collecting between the brain and its covering. Gavin's treating pediatrician raised a concern that the child's head had grown abnormally large. On September 22, 2006, a CAT scan, disclosed hydrocephalus, or an accumulation of fluid in the brain. Following the CAT scan, JSUMC transferred Gavin to the Children's Hospital of Philadelphia (CHOP), where he was seen by CHOP's neurosurgical service. An MRI disclosed that the child suffered from bilateral chronic subdurals or fluid collecting on both sides of the brain. CHOP treated the condition by implanting subdural peritoneal shunts on both sides of Gavin's head. As described by Dr. Christensen, [t]hey actually go in through that covering [of the brain], place drains, tunnel them out of the brain, in his case down the back.
It goes down along the torso, they make an opening into the abdomen and put the drain into the abdomen so that extra fluid would drain into the peritoneal cavity and therefore relieving pressure on the sides of the brain.
Dr. Christensen opined that the injuries suffered by Gavin were caused by the motor vehicle accident, and that Gavin will require neurosurgical and neurologic monitoring treatment for an indeterminate period of time. She stated that the surgical scars on Gavin's head and stomach are permanent. Lastly, she testified that because of his brain injury, Gavin was at a high risk for further head injury and should always wear a helmet while engaging in daily activities.
Jennifer Roden testified that because of Gavin's head injury, he is not able to run around or participate in sports like other children. She described the back of Gavin's head as being "severely deformed." As of trial, Gavin continued to require use of the shunts, which could be seen beneath the skin. According to Gavin's parents, he has also started experiencing seizures.
Victoria Kearney
Victoria Kearney was four years old at the time of the accident. At the accident scene, paramedics diagnosed Victoria as suffering from abdominal tenderness and a "large evulsion wound of the scalp" which pulled "off all the layers [of skin] and expose[d Victoria's] skull." Victoria required intubation while in flight to Cooper University Hospital because she became "less responsive to stimuli"; she remained intubated until the next day.
At Cooper Hospital, Victoria was admitted into pediatric intensive care. When discharged on August 11, 2006, Victoria's discharge summary listed her diagnoses as: (1) mesenteric and colonic hematoma, (2) lung contusion, (3) subdural hematoma with closed head injury, and (4) degloving injury of the scalp. Surgeons performed plastic surgery on Victoria's scalp wound and performed exploratory abdominal surgery during which surgeons removed Victoria's appendix. Victoria now has a scar that reaches "from the hairline down just above the eyebrow and back up into the hairline" and a second scar on her abdomen from beneath her navel to her ribs. Jennifer Roden testified that Victoria is self-conscience of anyone seeing the scars on her stomach and forehead.
Dr. Christensen opined that Victoria's injuries were caused by the automobile accident. The doctor also testified that since the accident, Victoria has been treated for an exacerbation of attention deficit hyperactivity disorder symptoms.
Madeline Kearney
Madeline Roden was six years old at the time of the accident. When the accident occurred, she had been restrained by the rear passenger seat lap belt. Initial examinations of Madeline at the accident scene and at Cooper Hospital revealed abdominal tenderness and "no observed motor movement of the lower extremities and 'questionable' sensation of the lower extremities." Within three days, Madeline was experiencing an "unrelenting headache with photophobia" consistent with a concussion, and displaying "emotional distress." Nine days after the accident, Madeline was transferred to Children's Specialized Hospital (CSH) at Mountainside, with a diagnosed spinal cord injury. At CSH, physicians treated Madeline for "paraplegia" or "a compromise of motor or sensory functions of [her] two [lower] extremities." She also suffered from a "neurogenic bladder and bowel," requiring catheterizations every four hours. Madeline was in in-patient rehabilitation at CSH for approximately three months.
Dr. Christensen opined that Madeline is presently a "paraplegic from the waist down," and because of her spinal cord injury, she now must use a wheelchair or a reverse walker, and ankle foot orthotics to stabilize her feet, to prevent foot drop and toe drag. She can use crutches for short distances. While she is able to urinate independently by self-catheterizations, she still needs to wear diapers because of episodes of incontinence. According to Jennifer Roden, Madeline's diapers are changed six to eight times per day.
Lastly, Dr. Christensen testified that because of the severity of Madeline's spinal cord injury, she is at an increased risk to suffer future health problems and has a shortened life expectancy. According to Dr. Christensen, Madeline will require long-term supervised healthcare.
Jennifer Roden
Jennifer Roden suffered fractures to her right and left feet, including a minimally displaced fracture of her right calcaneus (heel) bone. She was hospitalized for eleven days.
Dr. Green began to treat Jennifer in August 2007. He testified that a review of a December 26, 2006 MRI disclosed "post-traumatic type arthritis[,] the sequalae of a calcaneus fracture." Because Dr. Green found Jennifer suffered from a decrease in range of motion, he administered corticoid injections between August 2007 and July 2008. Dr. Green opined that Jennifer presently has "a healed calcaneus fracture with post-traumatic arthritis of the subtalar which will be permanent and potentially aggressive." He described the injury as significant, caused by the accident, and one that will require future treatment including surgery.
Jennifer testified to her first memories of the accident, stating that she lost consciousness at least twice and, when she awoke, her legs were "stuck" and her daughter Victoria was "not breathing." She testified that when she "turned around, [it appeared that] Victoria's head was ripped off. And Madeline kept telling [Jennifer] that she couldn't feel her legs. And the baby was just screaming . . . . [And blood was] everywhere." She watched emergency medical technicians tie Victoria's head to the car's seat. She then sat with Madeline until she and her child were put on stretchers and flown to the hospital, after being first told she should "kiss Victoria goodbye because they didn't know if she was going to make it to [the hospital]." When Jennifer "gained consciousness the next day [she] found out that . . . Madeline was paralyzed and Victoria was on life support."
Jennifer testified to the havoc that the accident wrecked on her family, including the loss of her employment because of time spent taking the children to doctor appointments, the pressure from unpaid medical bills, loss of her home, and the dissolution of her marriage in 2006. Jennifer testified that she now experiences chronic pain in her leg and, emotionally, she is "an absolute mess [and that] not a day . . . goes by that [she doesn't] cry and think about, you know, what happened to these kids." She has not sought counseling because she has "no time."
Although Jennifer did not seek counseling for her emotional distress, she did present testimony from Dr. Dengrove who had performed a psychological evaluation of her prior to trial. Dr. Dengrove testified that he diagnosed Jennifer with post traumatic stress disorder, major depressive disorder, chronic adjustment disorder, and chronic pain disorder. Dr. Dengrove opined that these diagnoses were caused by the automobile accident. He stated that "treatment would probably need to extend for the foreseeable future, probably years[,]" particularly given that Jennifer is confronted daily with issues related to the accident in caring for her children.
Alvin Roden
Alvin Roden suffered a non-displaced fracture of his right leg for which he was prescribed a walking boot. The boot was removed on September 1, 2006. Because Alvin did not suffer a qualifying serious or permanent bodily injury under the limitation on lawsuit threshold, N.J.S.A. 39:6A-8a, he voluntarily dismissed his claim for damages based on the fracture of his leg at the end of plaintiffs' case. Alvin and Jennifer also voluntarily dismissed their individual per quod claims. However, Alvin continued to prosecute his claim for emotional distress pursuant to Portee v. Jafee, 84 N.J. 88 (1980). See Jablonowska v. Suther, 195 N.J. 91, 95 (2008).
Prior to closing arguments, defendant moved for a directed verdict on Alvin Roden's Portee claim, contending that it should be dismissed for lack of evidence that Alvin suffered severe emotional distress from viewing the injuries sustained by his wife and son immediately after the accident. The court denied the motion, determining that the issue was for the jury.
Before the jury returned its verdict, the parties entered into a settlement with plaintiffs agreeing to release defendant of any claims against him in excess of NJM's policy limits in exchange for Colin and Corey Clifford assigning their rights to plaintiffs to pursue a Rova Farms*fn4 faith claim against NJM in failing to protect Corey Clifford's assets.
The jury returned a verdict in favor of the five plaintiffs as follows: The jury awarded Madeline Kearney $10,000,000; Gavin Roden, $4,000,000; Victoria Kearney, $2,000,000; Jennifer Roden, $1,500,000; and Alvin Roden, $50,000. On April 17, 2009, the court denied defendant's motion to suspend prejudgment interest on the basis that he did not possess sufficient assets to satisfy the judgment. On April 28, 2009, the court entered an order confirming the jury's verdict, together with prejudgment interest commencing six months after the filing of the complaint until January 14, 2009, when NJM deposited the balance of defendant's insurance proceeds into court.
On May 15, 2009, the trial court heard defendant's motion for new trial and, in the alternative, for remittitur. Defendant challenged the verdict as excessive and as against the weight of the evidence. Defendant also argued trial error regarding (1) the admission of Dr. Christensen's testimony concerning the "prognoses and . . . various problems" faced by the minor plaintiffs; and (2) the admission of certain portions of Dr. Green's testimony without Jennifer Roden having provided a pretrial report from the doctor. Lastly, defendant renewed his argument that Alvin Roden had failed to prove his Portee claim.
On May 15, 2009, the court rendered an oral decision denying defendant's motion. The court determined that none of the awards were excessive as they were "fully supported by the weight of the evidence," rendering defendant's request for a remittitur moot. The court concluded that plaintiffs suffered "permanent and catastrophic [injuries] of a type that could never be really fully compensated for" and that to "substitute [his] judgment" for that of the jury would be a "miscarriage of justice."
On appeal, defendant argues that the trial court erred in denying his motion for a directed verdict on Alvin Roden's Portee claim; in assessing prejudgment interest against defendant; in admitting that part of Dr. Christensen's testimony, which exceeded the scope of her pretrial report; and in admitting Dr. Green's previously undisclosed opinions. Defendant also contends that because the verdict was excessive, the judgment should be vacated and the matter remanded for a new trial or, in the alternative, remanded for the trial court to consider a remittitur.
Defendant argues that the trial court erred in denying his motions for judgment at the close of the evidence and for judgment notwithstanding the verdict (JNOV) on Alvin Roden's Portee claim, contending that plaintiff failed to prove that he suffered "severe emotional distress" from witnessing the injuries to his wife and son. Defendant contends that Alvin Roden failed to present evidence that the emotional distress he suffered from the accident "affected his ability to function physically or psychologically on a daily basis." Defendant further asserts that Alvin Roden failed to support his claim with expert testimony.
Motions for judgment at the close of evidence, R. 4:40-1, and for JNOV, R. 4:40-2(b), are "governed by the same evidential standard: '[I]f, accepting as true all the evidence which supports the position of the party defending against the motion and according him [or her] the benefit of all inferences which can reasonably and legitimately be deduced therefrom, reasonable minds could differ, the motion must be denied. . . .'" Verdicchio v. Ricca, 179 N.J. 1, 30 (2004) (quoting Estate of Roach v. TRW, Inc., 164 N.J. 598, 612 (2000)). On appeal, we apply the same standard of review as the trial court. Boyle v. Ford Motor Co., 399 N.J. Super. 18, 40 (App. Div.), certif. denied, 196 N.J. 597 (2008).
Portee established a cause of action for "the severe emotional harm that may be expected from [an individual] having perceived the death of, or serious injury to, a spouse or intimate family relation." Jablonowska, supra, 195 N.J. at 94. A Portee claim "transcend[s] the need to prove permanent physical injury [to the plaintiff] because it focuses on a unique type of heartsickness." Id. at 110. Nor is it necessary for the plaintiff to have been "within the zone of danger created by the defendant's negligent conduct." Id. at 107. To establish a Portee claim, a plaintiff must present sufficient evidence meeting a four-prong test. "(1) the death or serious physical injury of another caused by defendant's negligence; (2) a marital or intimate, familial relationship between plaintiff and the injured person; (3) observation of the death or injury at the scene of the accident; and (4) resulting severe emotional distress." 84 N.J. at 101.
Because of concern about the genuineness of emotional distress claims without the plaintiff having suffered a consequential physical injury, see Decker v. Princeton Packet, Inc., 116 N.J. 418, 429-30 (1989), the Court has held that to recover on an emotional distress claim the distress must be "so severe that no reasonable man could be expected to endure it." Buckley v. Trenton Sav. Fund Soc'y, 111 N.J. 355, 366 (1988); see also Restatement (Second) of Torts, § 46, comment j (1965). The "severity of the emotional distress raises questions of both law and fact. Thus, the court decides whether as a matter of law such emotional distress can be found, and the jury decide whether it has in fact been proved." Buckley, supra, 111 N.J. at 367.
The Court has provided guidance in determining whether a plaintiff has proven the severity element of an emotional distress claim. In Buckley, the Court determined that "complaints [that] amount to nothing more than aggravation, embarrassment, an unspecified number of headaches, and loss of sleep," failed as a matter of law to constitute severe emotional distress. Id. at 368; accord Decker, supra, 116 N.J. at 430. In Taylor v. Metzger, 152 N.J. 490, 515 (1998), the Court, in the context of an intentional emotional distress claim, stated that "severe emotional distress means any type of severe and disabling emotional or mental condition which may be generally recognized and diagnosed by professionals trained to do so . . . ." 152 N.J. 490 at 515 (quotation and citation omitted).
In Aly v. Garcia, in determining the plaintiffs failed to prove an intentional infliction of emotional distress claim, we held that "[i]t is not enough to establish that a party is acutely upset by reason of the incident. In order to be actionable, the claimed emotional distress must be sufficiently substantial to result in physical illness or serious psychological sequelae." 333 N.J. Super. 195, 204 (App. Div. 2000), certif. denied, 167 N.J. 87 (2001); accord Schillaci v. First Fidelity Bank, 311 N.J. Super. 396, 406 (App. Div. 1998); Lingar v. Live-In Companions, Inc., 300 N.J. Super. 22, 34-35 (App. Div. 1997).
Here, Alvin Roden presented limited testimony in support of his Portee claim.
[Plaintiffs' Counsel]: What was your first focus once you got yourself together?
[Alvin Roden]: Well, when I got my bearings, I looked over at Jen and I thought she was dead. She wasn't moving. The kids were just screaming. There was glass –
[Plaintiffs' Counsel]: Did you see the blood?
[Alvin Roden]: Oh, there was blood everywhere.
[Plaintiffs' Counsel]: What was your first concern?
[Alvin Roden]: My first concern was the kids. I . . . looked over at Jen and she wasn't moving. So I thought she was dead. But the kids were screaming. And then she started moving. And, you know, I went into this over-protective parent mode and just my main concern was the kids . . . . I don't know if I had adrenalin or what, I just busted out of the car and, you know, I got my son out. But then people ran over and just like, you know, "Don't move, don't move, don't move." Then my leg started really hurting.
[Plaintiffs' Counsel]: And eventually - -
[Alvin Roden]: And then they forced me down. They made me sit down. They didn't want me moving.
[Plaintiffs' Counsel]: Let's talk about emotions.
[Alvin Roden]: Oh, it was a nightmare, you know. I'm not even really an emotional guy, but as soon as you brought those pictures, I mean, I'm trying to get the whole thing, you know.
[Plaintiffs' Counsel]: Did you forget it?
[Alvin Roden]: No, I can't.
[Plaintiffs' Counsel]: Every time you see your son - -
[Alvin Roden]: You know - -
[Plaintiffs' Counsel]: - - every time you see Maddie or Victoria?
[Alvin Roden]: I was trying to put it behind me, man, but, you know, like I said, I mean, I'm not even an emotional guy, but man, I can't. I mean, you know, it's just I see him now and, you know, now he's starting to get seizures and, you know. It's hard stuff. I mean, you know, I don't know how to put it anymore, you know.
[Defense Counsel]: Mr. Roden, I just have a couple of questions. You haven't gotten any psychiatric and psychological counseling or anything?
[Alvin Roden]: I keep it to myself. I mean, I'm not really an emotional guy.
Maybe I had a bad upbringing or something.
We recognize the general difficulty on appellate review to discern the emotion expressed by a witness when testifying. See Fiorino v. Sears Roebuck & Co., 309 N.J. Super. 556, 571 (App. Div. 1998) (holding that "it has been said that even the best and most accurate written trial transcript is like a dehydrated peach, in that it has neither the substance nor the flavor of the peach before it was dried.") (internal quotation and citation omitted). Nonetheless, we are satisfied that in considering Alvin Roden's testimony after giving him all favorable inferences, he failed to prove he suffered the degree of emotional distress needed to prove his Portee claim.
Although Alvin Roden was not required to present expert medical testimony in support of his claim as his wife did, he did not present sufficient evidence from which a jury could conclude that any emotional distress he suffered resulted in "physical illness or serious psychological sequelae." Aly, supra, 333 N.J. Super. at 204. Nor did he show by his own testimony that he suffered from "headaches, difficulty in sleeping or an incapacity to perform his normal daily routines." Griffin v. Tops Appliance City, Inc., 337 N.J. Super. 15, 26 (App. Div. 2001). Accordingly, we reverse and vacate that part of the May 15, 2009 final judgment that entered an award in favor of Alvin Roden in the amount of $50,000, together with any prejudgment interest awarded on that part of the judgment.
In Point IV of his brief, defendant contends that the trial court erred in denying his motion for a new trial on the basis that the jury awards were excessive or, in the alternative, in failing to grant a remittitur. We disagree.
The standard of review of a trial court in ruling on a motion for a new trial was recently addressed by our Supreme Court in Jastram v. Kruse:
In analyzing whether a damages award is excessive, a trial judge's review must be grounded substantially in the totality of the evidence in the record which is viewed in a light most favorable to the plaintiff. In particular, the judge is to evaluate the nature and extent of the injury, the medical treatment that the plaintiff underwent and may be required to undergo in the future, the impact of the injury on the plaintiff's life from the date of injury to the date of trial, and the projected impact of the injury on the plaintiff in the future . . . .
So analyzed, where an award, even if generous, has reasonable support in the record, the jury's evaluation should be regarded as final. [197 N.J. 216, 229-30 (2008) (citations, quotations and alterations omitted).]
As to appellate review, the Court stated:
Further, under Rule 2:10-1, an appellate court only can reverse a trial judge's decision to deny a motion for new trial where it clearly appears that there was a miscarriage of justice under the law. That inquiry requires employing a standard of review substantially similar to that used at the trial level, except that the appellate court must afford due deference to the trial court's feel of the case, with regard to the assessment of intangibles, such as witness credibility.
The feel of the case is not just an empty shibboleth--it is the trial judge who sees and hears the witnesses and the attorneys, and who has a first-hand opportunity to assess their believability and their effect on the jury. It is the judge who sees the jurors wince, weep, snicker, avert their eyes, or shake their heads in disbelief. Those personal observations of all of the players is the feel of the case to which an appellate court defers. Obviously, insofar as the trial judge's decision rests on determination[s] as to worth, plausibility, consistency or other tangible considerations apparent from the face of the record, an appellate court need not defer. [Id. at 230-31 (citations and quotations omitted).]
Here, the trial court indicated that it had a "feel for the case," having listened to, observed, and assessed the witnesses' credibility. The court determined that the awards "were supported by the trial evidence," and that it would be inappropriate for it to substitute its judgment for the jury's, "especially . . . in a case where the defendant didn't even call as a witness [his] own [examining] doctor to contest the injuries of any of the plaintiffs."
We reject defendant's argument that the trial court improperly denied him a new trial based on excessive jury awards or in denying him a remittitur of those awards substantially for the reasons expressed by the trial court. Although the amount of the awards collectively may on first blush seem excessive, those amounts only seem excessive out of context to the injuries sustained by plaintiffs. Jennifer Roden and the three children suffered severe permanent injuries that will affect them throughout their lives. We discern no reason to interfere with the jury's verdicts. Johnson v. Scaccetti, 192 N.J. 256, 280 (2007).
We have considered plaintiffs' remaining arguments in light of the record and applicable law. We conclude that they are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). Nevertheless, we add the following comments.
Defendant argues that the trial court erred in assessing prejudgment interest on the jury awards. He contends that his lack of personal assets to satisfy the awards over and above the limits of his automobile liability insurance policy constitutes an "exceptional case" for the court to have suspended the running of prejudgment interest. We disagree.
An award of prejudgment interest in tort actions is governed by Rule 4:42-11(b). Because the rule provides "that in exceptional cases the court may suspend the running of such prejudgment interest," the award of prejudgment interest rests in the discretion of the trial court. R. 4:42-11(b); Pressler & Verniero, Current N.J. Court Rules, comment 3.1 on R. 4:42-11 (2011).
The purpose of awarding prejudgment interest tort actions is twofold: 1) "to compensate plaintiffs for not having use of the judgment money while their actions are pending and to require defendants to give up the benefits of their use of the money during that time"; and 2) "to encourage defendants to settle cases." Hein v. Wolpaw, 271 N.J. Super. 538, 542 (App. Div.), certif. denied, 137 N.J. 316 (1994). Accordingly, courts should not award prejudgment interest where "[j]udgment proof defendants do not enjoy the use of the money before judgment and the threat of having to pay prejudgment interest cannot induce them to settle their cases." Ibid. Under those facts, a court should "suspend the running of such prejudgment interest." Ibid. (quoting Rule 4:42-11(b)). We determine Hein distinguishable from the present matter.
In Hein, the appellant (insurer) had deposited its insurance policy proceeds into court and offered the proceeds to settle the plaintiffs' claims soon after the plaintiffs had filed their lawsuit. 271 N.J. Super. at 542. Accordingly, we concluded that the purposes of the rule would not have been served because "[t]he threat of having to pay prejudgment interest would not reasonably have encouraged appellant to offer more than its offer to settle for the full amount of its policy, an offer that, for reasons not apparent from this record, plaintiffs refused to accept." Id. at 544. Here, there is no indication in the record that defendant or his insurer offered to settle for defendant's policy limits early in the proceedings.
What is more, prior to the jury returning its verdict, plaintiffs and defendant entered into an agreement relieving defendant from personal liability for any damages above his insurance policy limits, including any liability for prejudgment interest. Thus, this is not such as a case as in Hein where the burden of payment of prejudgment interest would fall upon an impecunious defendant, nor is there need for us to consider NJM's responsibility for prejudgment interest as NJM is not a party to this appeal. NJM's potential liability for prejudgment interest can and should be decided in a separate Rova Farms action. 65 N.J. at 489-90.
Lastly, defendant argues the trial court erred in admitting portions of Dr. Christensen's and Dr. Green's testimony. Defendant contends that Dr. Christensen exceeded the scope of her pretrial report by testifying that "Gavin was at risk for future head injury, should wear a helmet, be under constant hourly surveillance, and is at a higher risk even in normal circumstances" because of the implanted devices and the disproportionate weight of his enlarged head. Defendant also asserts that Dr. Christensen exceeded the scope of her report as to Madeline, testifying that she is "also at long-term risk for pulmonary and cardiovascular complications [and] a shortened life expectancy." As to Dr. Green, defendant argues that although he had not been provided with a pretrial expert report from Dr. Green, the doctor was permitted to testify that Jennifer Roden may in the future need either injections or "curative and definitive treatment for her post-traumatic arthritis," which he described as a "subtalar fusion."
A trial court should not exclude evidence when the court determines that there was an "absence of a design to mislead" on the proponent's part, an "absence of the element of surprise" to the opponent if the evidence is admitted, and "absence of prejudice which would result from admission of the evidence." Velazquez v. Jiminez, 336 N.J. Super. 10, 46 (App. Div. 2000), aff'd, 172 N.J. 240 (2002). A trial court's evidentiary rulings are subject to deference and are reviewed under the abuse of discretion standard. Brenman v. Demello, 191 N.J. 18, 31 (2007). On appeal, the decision should stand unless it is "so wide [of] the mark that a manifest denial of justice resulted." Ibid. (quoting Green v. N.J. Mfrs. Ins. Co., 160 N.J. 480, 492 (1999)).
We have considered defendant's arguments in light of the record and applicable law. We find no error in the trial court's evidentiary rulings warranting reversal. For the most part, the testimony objected to either constituted logical inferences from the findings and opinions contained in the experts' reports that were provided to defendant, or minimal deviations therefrom. Nor do we determine that defendant was surprised by the experts' testimony. Although Dr. Green did not provide his own pretrial report in discovery, Jennifer Roden provided a pretrial report from Dr. Steven Berkowitz, Dr. Green's associate. Dr. Berkowitz's report was provided for trial purposes and clearly referenced that he was only an examining physician and that Jennifer had been treated for her injuries by Dr. Green. The report contained Dr. Berkowitz's opinion that Jennifer Roden's injuries were permanent.
Affirmed in part, reversed in part, and remanded to enter an amended judgment vacating the award entered in favor of Alvin Roden together with any pretrial interest that was awarded thereon.
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HRC Criticizes Trump Picks Tom Price, Betsy DeVos, Jeff Sessions
Tom Ford Says He Won't Be Dressing Melania Trump
James Franco's Gay Drama 'I Am Michael' Opens Next Month
Florida Man Arrested After Threatening To Attack LGBT-Inclusive Church That Helped Him
Walmart Settles Lawsuit Over Health Benefits For Gay Married Couples
Mandy Moore Says Mother, Two Brothers Are Gay
A Wyoming House committee on Monday
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The bill moves to the full House as
early as Tuesday.
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