Superior Court of New Jersey, Law Division, Atlantic
Decided: March 28, 2019
L. Zaorski, attorney for plaintiff (Cappuccio & Zaorski).
Raymond F. Danielewicz, attorney for defendant.
above-entitled matter was filed as a result of a two-car
accident that occurred on February 16, 2014, on the Atlantic
City Expressway in Hammonton, New Jersey. Plaintiff, Frank
Campbell, was the operator of an automobile involved in the
accident with a vehicle operated by Joyce Roberts. Plaintiff
claims Roberts negligently operated her vehicle and
Roberts's negligence was a proximate cause of the
accident and his injuries.
filed a two-count complaint against Allstate New Jersey
Insurance Company (Allstate), his underinsured motorist (UIM)
carrier. In Count I, plaintiff contends Allstate is obliged
to pay him compensation because his damages exceed the
liability insurance policy limits applicable to the Roberts
vehicle. In the second count, plaintiff alleges that
defendant acted in bad faith, entitling plaintiff to an award
of compensatory and punitive damages. The parties consented
to entry of an order severing the second count and staying
discovery on the allegations in the second count of the
complaint pending a resolution of Count I. Procopio v.
Gov't Emps. Ins. Co., 433 N.J.Super. 377, 381 (App.
Div. 2013); Taddei v. State Farm Indem. Co., 401
N.J.Super. 449, 465-66 (App. Div. 2008).
accordance with Rule 4:17-2 and Rule
4:18-1, plaintiff served interrogatories and a notice to
produce on defendant. Rule 4:17-1(b)(1) limits a
party in a personal injury case to the interrogatories
prescribed in Form A and Form C of Appendix II of the New
Jersey Court Rules. Pressler & Verniero, Current N.J.
Court Rules, Appendix II to R. 4:17,
www.gannlaw.com (2019). Appendix II, Form A Uniform
Interrogatories, to be answered by a plaintiff in all
personal injury cases, requires the plaintiff to:
23. State the names and addresses of any and all proposed
expert witnesses. Set forth in detail the qualifications of
each expert named and attach a copy of each expert's
current resume. Also attach true copies of all written
reports provided to you by any such proposed expert
With respect to all expert witnesses, including treating
physicians, who are expected to testify at trial, and with
respect to any person who has conducted an examination
pursuant to R. 4:19, state each such witness's
name, address and area of expertise and attach a true copy of
all written reports provided to you.
State the subject matter on which your experts are expected
State the substance of the facts and opinions to which your
experts are expected to testify and provide a summary of the
factual grounds for each opinion.
Uniform Interrogatories are to be answered by the defendant
in all personal injury cases. Interrogatory 10 of the Form C
Uniform Interrogatories is identical to Interrogatory 23 in
the Form A Uniform Interrogatories. Conspicuously absent from
the form interrogatories to be answered by either the
plaintiff or the defendant in personal injury cases is a
requirement that the named expert supply copies of any
literature that the expert intends to rely upon at trial.
however, Request 3 of the notice to produce served by
plaintiff on defendant requires defendant to supply plaintiff
with "copies of pertinent portions of any textbook,
paper or authority upon which your expert relied in forming
her/his conclusions and opinions." In response, Allstate
answered, "None in Defendant's possession."
at defendant's request and as authorized by Rule
4:19, plaintiff was examined by Dr. Roy B. Friedenthal, an
orthopedic surgeon selected by defendant. Following the
physical examination, Friedenthal prepared a written report
describing the history he obtained from plaintiff, his
physical examination, a description of the medical records he
reviewed and his conclusions regarding causation and damages.
Defendant amended its answers to interrogatories naming
Friedenthal as ...