A commuter who claims she was hurt while trying to board an elevator at a PATH station has gotten the go-ahead from a New Jersey appeals court to proceed with her personal injury suit absent any expert testimony, based on the doctrine of res ipsa loquitur.
“We reject defendants’ argument that the cause of the malfunction was so complex or specialized that the fact-finder would be unable to understand it without an expert witness,” wrote the two-judge panel in Lazarus v. Port Authority of New York and New Jersey (PATH) on Dec. 29, 2014. “On the contrary, plaintiff can rely on the common knowledge and experience of the fact-finder to deduce what happened without an expert’s opinion.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
