DENNIS KELLAM, PLAINTIFF-RESPONDENT, v. JOHN FELICIANO AND FELICIANO GENERAL CONTRACTORS, DEFENDANTS-APPELLANTS., 376 N.J. Super. 580

Summary

Plaintiff filed a complaint in the Special Civil Part, alleging that defendants' negligence proximately caused permanent injuries to his neck and nervous system. By lodging his action in the Special Civil Part, plaintiff acceded to a $ 15,000 limitation on his potential recovery in exchange for the promise of a speedy resolution of his claim. He also sought to take advantage of what defendants complained to be the Barmecidal discovery available to defendants in Special Civil Part personal injury actions. When the trial court ruled that plaintiff could refuse a deposition and medical examination, defendants appealed. The court reversed, finding that the failure of N.J. Ct. R. 6:4-3(b) to require, without motion, a plaintiff's answers to Form A interrogatories was surprising and unintended. The court found that there appeared to be no reason why the rule did not require a plaintiff in a personal injury Special Civil Part matter to answer highly relevant interrogatories. Lastly, the court...