Stephanie Washington v. Carlos Perez, Olympia Trails & Olympia Trails Bus Company (072522)

In State v. Clawans, 38 N.J. 162, 183 A.2d 77 (1962), and State v. Hill, 199 N.J. 545, 974 A.2d 403 (2009), this Court set forth the governing standard that a trial court should apply to determine whether to give an adverse inference jury charge when a party fails to call a witness at trial. This case requires the Court to apply the principles of Clawans and Hill in a setting not previously addressed by the Court: a personal injury trial in which a party declines to present the testimony of expert witnesses whose opinions have been disclosed in accordance with the discovery rules.

Plaintiff…