Rashid v. Reed

201 A.3d 101, 457 N.J. Super. 471
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 31, 2018
DocketDOCKET NO. L-002890-15
StatusPublished

This text of 201 A.3d 101 (Rashid v. Reed) 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
Rashid v. Reed, 201 A.3d 101, 457 N.J. Super. 471 (N.J. Ct. App. 2018).

Opinion

MARCZYK, P.J.Cv.

*473This case presents the issue of whether, in the context of an automobile negligence case, plaintiff's counsel can question his client about whether a passenger in plaintiff's vehicle sustained an injury in *102order to help establish that plaintiff was injured in the accident. It does not appear that this issue has been addressed in any prior reported case in this state. For the reasons that follow, the court concludes that it is not relevant whether another individual was injured in an accident to demonstrate that plaintiff was injured in the same accident.1

I.

This case involves an automobile accident. Defendant stipulated negligence prior to trial so the only issue to be addressed by the jury was whether plaintiff sustained a permanent injury and whether he is entitled to pain and suffering damages under the lawsuit limitation provision (also known as the "verbal threshold") in the Automobile Insurance Cost Reduction Act ("AICRA"), N.J.S.A. 39:6A-1.1 to -35. Plaintiff testified during direct examination that he was working at the time of the accident as a jitney driver. His jitney was struck on the passenger side by defendant's vehicle shortly after picking up passengers from a local casino. Plaintiff was then asked what happened to one of the passengers in the jitney at the time of the impact and defense counsel *474objected. Plaintiff's counsel indicated (at sidebar) that his client was prepared to testify that one of the passengers on the jitney was thrown from her seat, injured and subsequently taken by ambulance to the hospital. Defendant argued that it was irrelevant with respect to plaintiff's injury whether a passenger on the jitney was thrown from her seat and injured as a result of the accident. Plaintiff argued that it was relevant with respect to the severity of the impact as to whether a passenger in the jitney was thrown from her seat. Plaintiff was also trying to demonstrate that because a passenger was injured it was likely that plaintiff was also injured.

This line of questioning frequently arises in automobile negligence cases. More often it is defendant who seeks to demonstrate that plaintiff could not have been seriously injured in the accident because other passengers in the same vehicle were unscathed. In this case, it was plaintiff who attempted to utilize this argument which, in the court's view, was intended to persuade the jury that because another passenger was injured it was more likely than not that plaintiff also sustained an injury. The court ultimately ruled that plaintiff may testify about the passenger on the jitney being thrown from her seat as evidence regarding the extent of the impact, but that it was improper for plaintiff to testify about the passenger being injured as a result of the accident.

II.

Initially, the court would note that whether a passenger was thrown from her seat in plaintiff's jitney is probative of the seriousness of the impact. In Jackowitz v. Lang, 408 N.J. Super. 495, 508, 975 A.2d 531 (App. Div. 2009), the court noted, "[w]e acknowledge that even when liability is stipulated, there can be appropriate references to the happening of the accident as such information may be relevant to the nature of the injuries sustained and damages." In the court's view, the fact that a passenger was thrown from her seat during the accident is relevant with respect to the significance of the accident. The evidence tends to demonstrate *475how hard the jitney was struck by defendant's vehicle. However, as discussed below, whether another individual in the accident sustained a broken arm, concussion, herniated disc or other injury does not necessarily *103have a tendency to prove (or disprove) whether plaintiff sustained a permanent injury in the subject accident.

The key issue the court must address is whether a passenger's injury is relevant as to whether plaintiff sustained an injury in the same automobile accident. Any evidence presented at trial must be relevant. "[R]elevant evidence means evidence having a tendency in reason to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In determining whether evidence is relevant, the inquiry focuses upon "the logical connection between the proffered evidence and a fact in issue." State v. Hutchins, 241 N.J. Super. 353, 358, 575 A.2d 35 (App. Div. 1990). That is, relevance has to do with whether the evidence proffered "renders the desired inference more probable than it would be without the evidence." State v. Davis, 96 N.J. 611, 619, 477 A.2d 308 (1984) (quoting State v. Deatore, 70 N.J. 100, 116, 358 A.2d 163 (1976) ). To say that "evidence is irrelevant in the sense that it lacks probative value" means that it "does not justify any reasonable inference as to the fact in question." State v. Allison, 208 N.J. Super. 9, 504 A.2d 1184 (App. Div. 1985) (quoting McCormick on Evidence § 185, at 544 (Cleary ed., 3d ed. 1984) ). Conversely, if evidence does support the existence of a specific fact, even obliquely, it is relevant and admissible. Verdicchio v. Ricca, 179 N.J. 1, 33-34, 843 A.2d 1042 (2004). Once deemed relevant, the evidence is admissible "[e]xcept as otherwise provided in these rules or by law." N.J.R.E. 402.

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Related

Verdicchio v. Ricca
843 A.2d 1042 (Supreme Court of New Jersey, 2004)
State v. Deatore
358 A.2d 163 (Supreme Court of New Jersey, 1976)
State v. Davis
477 A.2d 308 (Supreme Court of New Jersey, 1984)
Jackowitz v. Lang
975 A.2d 531 (New Jersey Superior Court App Division, 2009)
State v. Hutchins
575 A.2d 35 (New Jersey Superior Court App Division, 1990)
Brenman v. Demello
921 A.2d 1110 (Supreme Court of New Jersey, 2007)
State v. Allison
504 A.2d 1184 (New Jersey Superior Court App Division, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
201 A.3d 101, 457 N.J. Super. 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rashid-v-reed-njsuperctappdiv-2018.