Preview
SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 1 of 6 Trans ID: LCV20213143373
Firm Code: H21
File No.: 173731374
Voss Nitsberg DeCoursey & Hawley
Erin E. Seid, Esq.
Bar #: 030522008
485 Route 1 South, Building A, Suite 200
Iselin, NJ 08830
Ph: 732-362-3400; Direct dial: (732) 362-3410
Fax: (866) 827-4716
Attorneys for Defendants, Aniyha Gaddis and Maiysha Z. Ware
SUPERIOR COURT OF NEW JERSEY
KIMBERLY TAN, SOMERSET COUNTY
LAW DIVISION
Plaintiff,
CIVIL ACTION
v.
DOCKET NO.: SOM-L-585-19
ANIYHA GADDIS, MAIYSHA WARE, et
al., PRE-TRIAL INFORMATION
EXCHANGE
Defendants. PURSUANT TO RULE 4:25-7(B) FOR
Defendant Aniyha Gaddis
TO: J. Silvio Mascolo, Esq.
Rebenack, Aronow & Mascolo, LLP.
111 Livingston Avenue
New Brunswick, NJ 08901
1. A list of all witnesses (including addresses) to be called in the party’s case in chief.
Aniyha Gaddis, Defendant
North Plainfield, NJ
Maiysha Z. Ware
North Plainfield, NJ
Verbal threshold is applicable as to the Plaintiff(s).
2. A list of all exhibits to be offered in the party’s case in chief. All such exhibits shall be
pre-marked for identification and shall be described briefly. Each party shall confer in
advance of trial to determine if any such exhibits can be admitted into evidence by
agreement or without objection.
a. Vehicle photographs
b. Estimates of plaintiff and defendant vehicles
c. Plaintiff’s Answers to Interrogatories and Responses to Notice to Produce.
SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 2 of 6 Trans ID: LCV20213143373
d. Answers to Interrogatories and Responses to Notice to Produce Submitted by
any and all Defendants.
e. Any & all medical records of all treating/examining medical Providers of the
Plaintiff.
f. Any & all employment records, tax returns, state disability awards, where
applicable, to any economic claims asserted by the Plaintiff.
g. Any & all police, or other investigating authorities’ reports, records, and
supporting documents (if applicable).
h. Any & all photos of the scene/ photos of any vehicles involved (if applicable).
i. Any & all applicable Industry Standards, Regulations, BOCA Codes (if
applicable).
j. Any & all reports prepared by Dr. Lakin
k. Defendant reserves the right to introduce any documents exchanged through
discovery.
3. A list of any proposed deposition or interrogatory reading(s) by page and line number or
by question number.
Defendant reserves the right to designate any portion of the answers to
interrogatories and deposition of the parties and/or their representatives, for impeachment
purposes and cross-examination. Depending on the testimony, Defendant may seek to
introduce portions of same into evidence.
4. Any In Limine or trial motions intended to be made at the commencement of trial, with
supporting memoranda. Such motions shall not go on the regular motion calendar. Any
objections to the proposed admission into evidence of any exhibit or to any reading by
any other party, and any response to an In Limine or trial motion shall be served on all
parties not later than 2 days prior to trial.
a. Defendant submits that plaintiff has failed to provide any objective clinical
evidence to allow a reasonable finder of fact to conclude Plaintiff suffered a
“permanent injury” attributable to this accident, as defined by N.J.S.A. 39:6A-8.
b. Defendant requests that the jury is permitted to ask questions in accordance
with R. 1:8-8(c).
c. Plaintiffs are not entitled to offer or present any evidence of Plaintiff’s medical
bills, paid or unpaid, deductibles, and co-pays associated with the treatment he
received in this action pursuant to N.J.S.A. 39:6A-12 et seq. Under current
statute and case law, Plaintiff is otherwise precluded from seeking to offer or
introduce evidence of his medical bills, unpaid co-pays, deductibles, etc. with
respect to the medical treatment he received for injuries alleged in this motor
vehicle accident under New Jersey’s No Fault Statute, N.J.S.A. 39:6A-12. The
aforementioned statute clearly prohibits the admissibility of any such evidence
concerning the above. Also, in Roig v. Kelsey, 135 N.J. 500 (1994), the New
Jersey Supreme Court has clearly and unequivocally adopted, enforced and
SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 3 of 6 Trans ID: LCV20213143373
upheld the aforementioned prohibition on theinadmissibility/exclusion of such
evidence. Roig continues to be the rule of law to follow with such issues. See
D’Aloia v. George, 372 N.J. Super. 246 (App. Div. 2004), certif. denied, 182 N.J.
428.
d. Defendant moves to bar any testimony relative to an insurance company,
reference to treatment denied by any insurance company and/or
communications with representatives of any insurance company.
e. Defendant moves to bar reference to any out of pocket medical expenses that are
either subject to D’Aloia v. Georges 327 NJ Super 246 (App Div 2004) and or
medical expense disputes which were required to be adjudicated in Forthright
PIP Arbitration.
f. Defendant moves to bar testimony regarding any medical treatment, diagnostic
studies and/or medical consults for which records were not served during the
discovery period.
g. Any damages received by the Plaintiff for economic wage loss claims must be
offset and a credit applied for the amount of Income Continuation Benefits
Plaintiff was eligible to receive pursuant to the PIP Benefits regarding same
provided under her personal automobile insurance policy.
h. The opinions of the diagnoses found in plaintiff’s medical reports are wholly
unsupported by the total lack of any objective, credible medical testing; and no
“differential” diagnosis was undertaken by an examining physician to warrant
the admission of any unsupported and unfounded clinical diagnosis of same
under New Jersey’s Rules of Evidence, and this Court must preclude any
attempted introduction of same.
i. This defendant reserves the right to make appropriate objections as they arise at
the time of trial.
5. A listing of all anticipated problems with regard to the introduction of evidence in each
party’s case in chief, especially, but without limitation, as to any hearsay problems, and
legal argument as to all such anticipated evidence problems.
This defendant reserves the right to make appropriate objections as they arise at the
time of trial.
6. In addition, prior to opening statements, each party shall submit the following to the trial
judge:
(a) Copies of any Pretrial Information Exchange materials that have been exchanged
pursuant to this rule, and any objections made thereto;
SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 4 of 6 Trans ID: LCV20213143373
None.
(b) Stipulations reached on contested procedural, evidentiary and substantive issues;
and in jury trials,
Defendant agrees that the parties are negotiating the parameters of a pre-
trial “high-low” agreement along with an expedited trial without medical expert
testimony. Parties will submit the agreement to the Court upon completion.
(c) Any special voir dire questions,
Are you a licensed driver?
(d) A list of proposed jury instructions with specific reference to the Model Civil Jury
Charges, if applicable,
1.10 A Welcome
1.10 B Duty
1.10 C Excusing Jurors
1.10 D Number of Jurors
1.10 E Peremptory Challenges
1.10 F Introduction
1.10 G Identification of Potential Witnesses
1.10 H Particularized Questions
1.10 I Excusing Balance of Jurors
1.11 A Role of Jury, Judge and Attorneys
1.11 B Prohibition from Discussing Case
1.11 C Jurors not to visit accident Scene
1.11 D Note Taking
1.11 E Outline of Order
1.11 F Jury of 6 – Alternates
1.11 H Scheduling
1.11 I Cell Phone, Pager….
1.12 General Provisions and Standard Charge
1.12 A Purpose of Charge
1.12 B Role of the Judge
1.12 C Role of Attorneys
1.12 D Role of Jury
1.12 E The Evidence
1.12 F Contention of the Parties
1.12 G Burden of Proof
1.12 H Preponderance of the Evidence (short version)
1.12 J Direct and Circumstantial Evidence
1.12 K Credibility
1.12 M False Testimony
1.12 N Liability
SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 5 of 6 Trans ID: LCV20213143373
1.12 O Damages
1.12 P No Prejudice, Passion, Bias or Sympathy
1.12 Q Deliberations
1.12 R Alternates
1.12 S Verdict
1.12 T Jury Verdict Form
1.12 V Communications with the Court
1.12 W Thanking the Jury
1.12 X Exceptions of Counsel
1.12 Y Reduce Jury to 6
1.12 Z Designate Foreperson
1.12 AA Swear the Attendants
1.12 BB Lawyers Check Exhibits
1.12 CC Send Jury to Deliberate
1.12 DD Receive the Verdict
1.12 EE Thanking the Jury
1.13 A-E Experts
1.23 Preliminary Instructions Regarding Juror Questions
1.24 Final Instructions Regarding Juror Questions
5.10 A Negligence in Ordinary Care
5.10 B Foreseeability (As Affecting Negligence)
5.30 A General Duty Owing
5.30 D Violations of a traffic Act: Careless Driving 39:4-97 & Traffic no
Marked Lanes 39:4-88(b)
5.33 B Limitation on Lawsuit
6.10/6.11 Proximate Cause – Burden of Proof
8.10 Damages – Personal Injury Case
8.11E Disability, Impairment And Loss Of The Enjoyment Of Life, Pain
And Suffering
8.11G Life Expectancy
8.20 Medical Expenses-No Fault
8.48 Taxes
(e) Any special jury instructions with applicable legal authority, and
TBD
(f) A proposed jury verdict form that includes all possible verdicts the jury may
return.
SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 6 of 6 Trans ID: LCV20213143373
Will provide once agreement of the high-low expedited trial is finalized.
VOSS NITSBERG DECOURSEY & HAWLEY
Attorneys for Defendants, Aniyha Gaddis and
Maiysha Z. Ware
Dated: December 29, 2021
_________________________________________
Georgette M. Wilton, Esq.
Preview
SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 1 of 6 Trans ID: LCV20213143373 Firm Code: H21 File No.: 173731374 Voss Nitsberg DeCoursey & Hawley Erin E. Seid, Esq. Bar #: 030522008 485 Route 1 South, Building A, Suite 200 Iselin, NJ 08830 Ph: 732-362-3400; Direct dial: (732) 362-3410 Fax: (866) 827-4716 Attorneys for Defendants, Aniyha Gaddis and Maiysha Z. Ware SUPERIOR COURT OF NEW JERSEY KIMBERLY TAN, SOMERSET COUNTY LAW DIVISION Plaintiff, CIVIL ACTION v. DOCKET NO.: SOM-L-585-19 ANIYHA GADDIS, MAIYSHA WARE, et al., PRE-TRIAL INFORMATION EXCHANGE Defendants. PURSUANT TO RULE 4:25-7(B) FOR Defendant Aniyha Gaddis TO: J. Silvio Mascolo, Esq. Rebenack, Aronow & Mascolo, LLP. 111 Livingston Avenue New Brunswick, NJ 08901 1. A list of all witnesses (including addresses) to be called in the party’s case in chief. Aniyha Gaddis, Defendant North Plainfield, NJ Maiysha Z. Ware North Plainfield, NJ Verbal threshold is applicable as to the Plaintiff(s). 2. A list of all exhibits to be offered in the party’s case in chief. All such exhibits shall be pre-marked for identification and shall be described briefly. Each party shall confer in advance of trial to determine if any such exhibits can be admitted into evidence by agreement or without objection. a. Vehicle photographs b. Estimates of plaintiff and defendant vehicles c. Plaintiff’s Answers to Interrogatories and Responses to Notice to Produce. SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 2 of 6 Trans ID: LCV20213143373 d. Answers to Interrogatories and Responses to Notice to Produce Submitted by any and all Defendants. e. Any & all medical records of all treating/examining medical Providers of the Plaintiff. f. Any & all employment records, tax returns, state disability awards, where applicable, to any economic claims asserted by the Plaintiff. g. Any & all police, or other investigating authorities’ reports, records, and supporting documents (if applicable). h. Any & all photos of the scene/ photos of any vehicles involved (if applicable). i. Any & all applicable Industry Standards, Regulations, BOCA Codes (if applicable). j. Any & all reports prepared by Dr. Lakin k. Defendant reserves the right to introduce any documents exchanged through discovery. 3. A list of any proposed deposition or interrogatory reading(s) by page and line number or by question number. Defendant reserves the right to designate any portion of the answers to interrogatories and deposition of the parties and/or their representatives, for impeachment purposes and cross-examination. Depending on the testimony, Defendant may seek to introduce portions of same into evidence. 4. Any In Limine or trial motions intended to be made at the commencement of trial, with supporting memoranda. Such motions shall not go on the regular motion calendar. Any objections to the proposed admission into evidence of any exhibit or to any reading by any other party, and any response to an In Limine or trial motion shall be served on all parties not later than 2 days prior to trial. a. Defendant submits that plaintiff has failed to provide any objective clinical evidence to allow a reasonable finder of fact to conclude Plaintiff suffered a “permanent injury” attributable to this accident, as defined by N.J.S.A. 39:6A-8. b. Defendant requests that the jury is permitted to ask questions in accordance with R. 1:8-8(c). c. Plaintiffs are not entitled to offer or present any evidence of Plaintiff’s medical bills, paid or unpaid, deductibles, and co-pays associated with the treatment he received in this action pursuant to N.J.S.A. 39:6A-12 et seq. Under current statute and case law, Plaintiff is otherwise precluded from seeking to offer or introduce evidence of his medical bills, unpaid co-pays, deductibles, etc. with respect to the medical treatment he received for injuries alleged in this motor vehicle accident under New Jersey’s No Fault Statute, N.J.S.A. 39:6A-12. The aforementioned statute clearly prohibits the admissibility of any such evidence concerning the above. Also, in Roig v. Kelsey, 135 N.J. 500 (1994), the New Jersey Supreme Court has clearly and unequivocally adopted, enforced and SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 3 of 6 Trans ID: LCV20213143373 upheld the aforementioned prohibition on theinadmissibility/exclusion of such evidence. Roig continues to be the rule of law to follow with such issues. See D’Aloia v. George, 372 N.J. Super. 246 (App. Div. 2004), certif. denied, 182 N.J. 428. d. Defendant moves to bar any testimony relative to an insurance company, reference to treatment denied by any insurance company and/or communications with representatives of any insurance company. e. Defendant moves to bar reference to any out of pocket medical expenses that are either subject to D’Aloia v. Georges 327 NJ Super 246 (App Div 2004) and or medical expense disputes which were required to be adjudicated in Forthright PIP Arbitration. f. Defendant moves to bar testimony regarding any medical treatment, diagnostic studies and/or medical consults for which records were not served during the discovery period. g. Any damages received by the Plaintiff for economic wage loss claims must be offset and a credit applied for the amount of Income Continuation Benefits Plaintiff was eligible to receive pursuant to the PIP Benefits regarding same provided under her personal automobile insurance policy. h. The opinions of the diagnoses found in plaintiff’s medical reports are wholly unsupported by the total lack of any objective, credible medical testing; and no “differential” diagnosis was undertaken by an examining physician to warrant the admission of any unsupported and unfounded clinical diagnosis of same under New Jersey’s Rules of Evidence, and this Court must preclude any attempted introduction of same. i. This defendant reserves the right to make appropriate objections as they arise at the time of trial. 5. A listing of all anticipated problems with regard to the introduction of evidence in each party’s case in chief, especially, but without limitation, as to any hearsay problems, and legal argument as to all such anticipated evidence problems. This defendant reserves the right to make appropriate objections as they arise at the time of trial. 6. In addition, prior to opening statements, each party shall submit the following to the trial judge: (a) Copies of any Pretrial Information Exchange materials that have been exchanged pursuant to this rule, and any objections made thereto; SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 4 of 6 Trans ID: LCV20213143373 None. (b) Stipulations reached on contested procedural, evidentiary and substantive issues; and in jury trials, Defendant agrees that the parties are negotiating the parameters of a pre- trial “high-low” agreement along with an expedited trial without medical expert testimony. Parties will submit the agreement to the Court upon completion. (c) Any special voir dire questions, Are you a licensed driver? (d) A list of proposed jury instructions with specific reference to the Model Civil Jury Charges, if applicable, 1.10 A Welcome 1.10 B Duty 1.10 C Excusing Jurors 1.10 D Number of Jurors 1.10 E Peremptory Challenges 1.10 F Introduction 1.10 G Identification of Potential Witnesses 1.10 H Particularized Questions 1.10 I Excusing Balance of Jurors 1.11 A Role of Jury, Judge and Attorneys 1.11 B Prohibition from Discussing Case 1.11 C Jurors not to visit accident Scene 1.11 D Note Taking 1.11 E Outline of Order 1.11 F Jury of 6 – Alternates 1.11 H Scheduling 1.11 I Cell Phone, Pager…. 1.12 General Provisions and Standard Charge 1.12 A Purpose of Charge 1.12 B Role of the Judge 1.12 C Role of Attorneys 1.12 D Role of Jury 1.12 E The Evidence 1.12 F Contention of the Parties 1.12 G Burden of Proof 1.12 H Preponderance of the Evidence (short version) 1.12 J Direct and Circumstantial Evidence 1.12 K Credibility 1.12 M False Testimony 1.12 N Liability SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 5 of 6 Trans ID: LCV20213143373 1.12 O Damages 1.12 P No Prejudice, Passion, Bias or Sympathy 1.12 Q Deliberations 1.12 R Alternates 1.12 S Verdict 1.12 T Jury Verdict Form 1.12 V Communications with the Court 1.12 W Thanking the Jury 1.12 X Exceptions of Counsel 1.12 Y Reduce Jury to 6 1.12 Z Designate Foreperson 1.12 AA Swear the Attendants 1.12 BB Lawyers Check Exhibits 1.12 CC Send Jury to Deliberate 1.12 DD Receive the Verdict 1.12 EE Thanking the Jury 1.13 A-E Experts 1.23 Preliminary Instructions Regarding Juror Questions 1.24 Final Instructions Regarding Juror Questions 5.10 A Negligence in Ordinary Care 5.10 B Foreseeability (As Affecting Negligence) 5.30 A General Duty Owing 5.30 D Violations of a traffic Act: Careless Driving 39:4-97 & Traffic no Marked Lanes 39:4-88(b) 5.33 B Limitation on Lawsuit 6.10/6.11 Proximate Cause – Burden of Proof 8.10 Damages – Personal Injury Case 8.11E Disability, Impairment And Loss Of The Enjoyment Of Life, Pain And Suffering 8.11G Life Expectancy 8.20 Medical Expenses-No Fault 8.48 Taxes (e) Any special jury instructions with applicable legal authority, and TBD (f) A proposed jury verdict form that includes all possible verdicts the jury may return. SOM-L-000585-19 12/29/2021 11:06:52 AM Pg 6 of 6 Trans ID: LCV20213143373 Will provide once agreement of the high-low expedited trial is finalized. VOSS NITSBERG DECOURSEY & HAWLEY Attorneys for Defendants, Aniyha Gaddis and Maiysha Z. Ware Dated: December 29, 2021 _________________________________________ Georgette M. Wilton, Esq.