Ostrowski v. Cape Transit Corp.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

In this personal injury case, the primary issue on appeal is whether defendants’ presentation of expert medical opinion testimony that plaintiff was faking his symptoms of a serious brain injury constituted an attack on his character for truthfulness which plaintiff could rebut with evidence concerning his character for truthfulness. We conclude that defendants’ evidence constituted an attack on plaintiffs character for truthfulness which plaintiff was properly permitted to rebut by evidence that he is a truthful person.

Plaintiff,…