NJ Appeals Court to Trial Judge: Allowing Discovery Only for the Defense 'Hardly Seemed the Correct Course'
"Further, although plaintiff's counsel unquestionably failed to comply with the most basic discovery obligations, plaintiff's counsel certainly was not alone," the opinion said. "Indeed, as noted, Paterson itself was apparently so deficient in providing discovery that it was subject to a motion to compel by Luciano, only withdrawn after it produced outstanding discovery."
December 09, 2022 at 05:12 PM
5 minute read
The Richard J. Hughes Justice Complex in Trenton, New Jersey. Photo: Carmen Natale/ALM The New Jersey Appellate Division ruled that, while the plaintiff's handling of a personal injury matter "was hardly a model of diligence," the lower court erred in ruling that only the defendants were entitled to continue discovery.
Plaintiff Carmen R. Rodriguez De Collado allegedly tripped and fell on a broken sidewalk outside 265-267 Spring Street in Paterson, according to the appeals court's unpublished Dec. 9 opinion. Less than a year later, she filed a negligence complaint against Gardner Luciano and Paterson. On appeal, De Collado challenged four Law Division orders in which the court extended discovery only for the defendants, two orders granting summary judgment to the defendants, and an order denying her motion for the court to reconsider or vacate the first order.
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