GENSOLLEN v. PAREJA A-0401-10T3 11-19-10
The court granted leave to appeal in this personal injury action to consider the extent to which a party may inquire into an expert's finances and litigation history in gathering information to prove at trial the expert's positional bias. Because defendants' expert acknowledged at his deposition that more than ninety-five percent of his litigation work was for defendants, the court held the trial judge abused his discretion in compelling the expert to create and produce, at his own cost, documentation more precisely defining the percentage of his work that is defendant-related, the frequency with which he has found plaintiffs to have sustained permanent injuries, and the amount of income derived from performing independent medical examinations.
