When is an Expert’s Testimony Determined to be a Net Opinion?


Plaintiff appealed from summary judgment in favor of Defendants in her personal injury case. The motion judge found that Plaintiff failed to demonstrate a permanent condition satisfying the requirements of the verbal threshold statute in New Jersey or a causal relationship between that condition and the accident that was the subject of suit.

Plaintiff was involved in a motor vehicle accident but didn’t immediately seek medical attention. A week later, she was found unresponsive at her home and was transported by ambulance to a hospital. She was then diagnosed with a pulmonary embolism. The hospital progress notes stated that Plaintiff “apparently suffered a closed head injury, TBI [(traumatic brain injury)], and may be suffering from post-concussive, intermittent delirium with disorientation.” After being discharged from the hospital, she was transferred to a rehabilitation facility where it was recommended that she undergo a neuropsychological evaluation to determine if the TBI was contributing to “her loss of memory and behavioral aberrancies.” However, the evaluation was ever performed.

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