Persley v. New Jersey Transit Bus Operations

813 A.2d 1219, 357 N.J. Super. 1, 2003 N.J. Super. LEXIS 19
CourtNew Jersey Superior Court Appellate Division
DecidedJanuary 17, 2003
StatusPublished
Cited by18 cases

This text of 813 A.2d 1219 (Persley v. New Jersey Transit Bus Operations) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Persley v. New Jersey Transit Bus Operations, 813 A.2d 1219, 357 N.J. Super. 1, 2003 N.J. Super. LEXIS 19 (N.J. Ct. App. 2003).

Opinions

The opinion of the court was delivered by

LISA, J.A.D.

Plaintiff, Kevin T. Persley, appeals from a judgment entered on a jury verdict awarding him no damages in this personal injury action where liability was conceded by defendants, New Jersey Transit Bus Operations, Inc. and Gabe Barrentine. Qn appeal, plaintiff argues the trial judge committed reversible error by permitting a video presentation to the jury of a computer-generated simulation of the accident. He further argues he was denied a fair trial because the trial judge (1) improperly curtailed his cross-examination of certain defense experts, (2) allowed defense counsel to pose improper questions in cross-examining him, (3) refused to [5]*5permit plaintiff to present certain rebuttal testimony, and (4) allowed the defense to utilize certain inadmissible evidence and make improper arguments. We reject these arguments and affirm.

I

On May 17, 1990, plaintiff was a passenger in defendants’ bus, commuting to work in New York City. According to the bus driver, Barrentine, while traveling on Route 80, he slowed the bus to thirty-five to forty miles per hour when it began to drizzle. When a car spun out approximately two car lengths in front of the bus, Barrentine applied his brakes, but was unable to stop before colliding with the rear-end of the car in front of him, operated by James Marquis. Barrentine immediately inquired whether any passengers were injured, with no response. The police soon arrived, and again no passengers reported injuries. All passengers, including plaintiff, were loaded onto a replacement bus and continued to their destination. The impact was at a low velocity. Marquis’ car was stopped when it was struck by the bus, and was pushed forward only about one to two feet. It sustained only minor damage to the rear bumper. The trunk did not pop open, and there was no damage to the sides. The bus incurred no damage. Both vehicles were driveable. According to the unrefut-ed testimony of defendants’ accident reconstruction expert, the speed of the bus at impact was six miles per hour.

Plaintiff was asleep just prior to the accident. He described the events as follows: He recalled waking up as his body was being thrown forward and flinging up his hands in an unsuccessful attempt to prevent his head from striking the metal handle on the seat in front of him. As his hands and the left side of his head, including his left eye area, struck the handle, plaintiff heard a pop, saw a bright light and lost consciousness. While he quickly regained consciousness, he remained dazed and confused. Although disoriented, plaintiff managed to board the new bus without incident and did not report the problems he was having [6]*6because he thought he would soon feel better. Once on the new bus, however, his hands started to shake uncontrollably and, upon arriving in New York, he immediately located a pay phone and called his longtime chiropractor, Dr. Hellender, who specialized in headache relief. After scheduling an appointment for that same day, he called in sick to work and returned to New Jersey.

According to plaintiff, as a result of the accident, he sustained: (1) disc herniations in his cervical and lumbar spine which were treated with surgery in 1996 and 1997, but which left him with periodic back pain which sometimes spreads down his arms and legs; (2) continuous migraine headaches; (3) a retinal tear in his left eye, which was repaired in 1991; (4) a permanent brain injury which left him with intermittent vertical jumping (a vision impairment), balance problems and considerable neurological deficits; (5) hearing loss and tinnitus; (6) an injury to his temporal mandibular joint, requiring the permanent usage of an orthodontic device; and (7) bilateral carpal tunnel syndrome, which was treated with surgery but ultimately returned. He treated with numerous doctors. Plaintiff reported that, due to his ongoing problems, and after being fired from several sales jobs for lack of production, he finally stopped working in May 1998. He stated he takes ten or eleven medications on a regular basis and no longer enjoys life or has any goals.

On May 29, 1986, plaintiff was rear-ended by a small pickup truck while stopped at a traffic light, with sufficient force to push his car sixty feet. As a result, he obtained treatment for neck stiffness and pain, lower back pain, “rubber band” headaches, dizziness, blurred vision, and numbness and tingling in his hands. Plaintiff also acknowledged receiving treatment for many of these same symptoms prior to the 1986 accident, as far back as 1984. Although plaintiff asserted his chiropractor, Dr. Joseph Tuzzeo, discharged him pain and symptom free a year after the 1986 accident, he admitted that: (1) he had been told that his headaches were chronic and would continue; (2) he subsequently returned to Tuzzeo complaining of vertigo, blurred vision, neck [7]*7pain, stiffness and trembling in his hands; (3) he consulted with at least five doctors between late 1987 and early 1990 complaining of persistent neck pain, chronic headaches, dizziness and trouble with his vision; and (4) in connection with the lawsuit he filed following the 1986 accident, he executed a certification dated July 1990 in which he represented he had been advised he would have headaches for the rest of his life as a result of the 1986 accident.

Plaintiff was involved in a third automobile accident on November 10, 1993, when a seventeen-year-old driving an old car in the wrong direction across a parking lot rammed into the side of his car. Plaintiff acknowledged he had increased neck and back pain from this accident, but contends it lasted only about two weeks, after which he returned to his condition before that accident. Plaintiff complained of severe back pain and left the scene in an ambulance. However, plaintiff reported that none of his treating physicians felt he sustained any new injury and he decided not to sue the driver responsible for the accident.

The trial of the case before us spanned three weeks. Both sides called numerous medical experts, specializing in fields including dentistry, neurology, opthamology, neuropsychiatry, orthopedics, ear, nose and throat, and rehabilitation and pain management. Plaintiff also called an expert in speech and language pathology and a psychological-vocational expert. We need not recount the conflicting testimony and opinions of these experts because the substantive aspects of their testimony is not a basis of the appeal. Nor is it contended the verdict is against the weight of the evidence. Rather, plaintiff contends that the trial was conducted unfairly, with the trial judge improperly injecting himself into the trial, improperly curtailing his ability to cross-examine defense witnesses, allowing defendant’s counsel to utilize improper cross-examination techniques on him, and allowing defendants to utilize inadmissible evidence and make improper arguments. We can summarize the medical opinions by noting that plaintiffs doctors opined that his complained-of conditions were caused by the May 17, 1990 accident. Defendants’ doctors, on the other hand, opined [8]*8that plaintiff suffered no substantial injury, that either the injuries did not exist or they were not caused by the May 17, 1990 accident, and that plaintiff was a malingerer who was grossly exaggerating his complaints.

Dr. Wayne Nolte, an engineer, testified on behalf of the defense as an accident reconstruction expert.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Karim Lekhal v. Anthony J. Depasquale 2nd
New Jersey Superior Court App Division, 2026
B.D. v. A.B.
New Jersey Superior Court App Division, 2026
Michael R. Scully, LLC v. William E. Dolan
New Jersey Superior Court App Division, 2025
J.V.C. v. C.E.S.
New Jersey Superior Court App Division, 2025
P.H. v. J.H.
New Jersey Superior Court App Division, 2025
T.K.C. v. A.C.
New Jersey Superior Court App Division, 2025
M.Y. v. S.K.
New Jersey Superior Court App Division, 2025
S. L. v. T. B.
New Jersey Superior Court App Division, 2025
Mary Horne v. Jasi Mikae Edwards
New Jersey Superior Court App Division, 2023
State of New Jersey v. Isaac J. Grey
New Jersey Superior Court App Division, 2023
Hisenaj v. Kuehner
942 A.2d 769 (Supreme Court of New Jersey, 2008)
Rodd v. Raritan Radiologic Assocs.
860 A.2d 1003 (New Jersey Superior Court App Division, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
813 A.2d 1219, 357 N.J. Super. 1, 2003 N.J. Super. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/persley-v-new-jersey-transit-bus-operations-njsuperctappdiv-2003.