NJSBA Family Law Section

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  • 1.  Expert for Tevis Claim

    Posted 03-26-2017 07:26 AM
    I am looking for an expert, preferably reasonably priced, for a Tevis claim, passing of sexually transmitted disease during the marriage.  It is a Union County case,  so someone in this general area would be helpful.
     
    Thank you.
     
    GERALDENE SHERR DUSWALT
    ATTORNEY AT LAW

    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, New Jersey 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036


    Telephone: (908) 322-5160
    Facsimile: (908) 654-3970
    E-mail: [email protected]
    [email protected]

    Web Site: www.duswaltlawfirm.com


    General practice of law serving the legal needs of the community; family and matrimonial law, bankruptcy, real estate, wills, general litigation.



    This e-mail and any documents accompanying this e-mail may contain information from the law office of Geraldene Sherr Duswalt, Esq. that is intended to be for the use of the individual or entity named in this e-mail transmission and which may be confidential, privileged or attorney work product. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited. If you receive this e-mail in error, please notify the sender at once.


  • 2.  RE: Expert for Tevis Claim

    Posted 03-27-2017 08:51 AM

    Not sure which part of the case you were looking to add expert testimony to support.
    On liability, her treating and diagnosing doctor for the condition or disease she suffers,  had better be in your corner, and if not (on causation, unless defendant admits he gave it to her, and not other way around), then you may expect to see defendant call him as a witness or seek to use his records.   

    On damages, you can and should go  with several theories, including punitive damages (which requires no expert).  I'd go the PTSD route and have her treated, and examined by a doc willing to testify about the trauma and how years later she will be affected by it. I just settled a tort case or nearly a million on PTSD where there was no physical injury.  It can be powerfully presented.

    HERES THE TRICKY PART ---If you don't or can't prove the underlying  injury or condition or disease itself to be permanent, you may or may not still have  a serious psych claim, and the more you work that up, and prove lost wages if she can't work --- then the more punitive damages becomes meaningful.  They are also not dischargeable in bankruptcy (punitive), nor are intentional torts (tevis is often pleaded either or --- negligence or intentional).  Dr. Grigory Rasin of Union, N.J. was our expert psychiatrist on PTSD claims.

    I hope there are assets to recover against in your case --- 


    DAVID C. BENDUSH, ESQ. 310 SPRINGFIELD AVE., SUITE 10 BERKELEY HEIGHTS, NEW JERSEY 07922 908-771-0550 (TEL) 908-771-0715 (FAX)





  • 3.  RE: Expert for Tevis Claim

    Posted 03-27-2017 01:35 PM
    Geraldene:
    <x-tab>        </x-tab>I've litigated this issue a few times. I think (without checking) that it's a continuing tort. Remember, Tevis is only implicated if the domestic tort occurred over two years ago and you need to establish an exception to the statute of limitations. Otherwise, it's just a domestic tort.
    <x-tab>        </x-tab>If you're looking for an expert on damages, I never used one. In one case, a judge awarded about $360,000 - which happened to equal what the guy would've gotten from the house equity in that case. She testified what it was like and how it would effect her future dating prospects, the discomfort and stigma. In the other, there was no admission of liability and an agreement that spouse would pay something like seven years of alimony of a three year marriage (increasing was close to $500,000 over what would have been paid).
    <x-tab>        </x-tab>In both cases, btw, the court agreed to seal the file and address it by initials only due to the stigma.


    <x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>





  • 4.  RE: Expert for Tevis Claim

    Posted 03-27-2017 02:53 PM
    Thank you for the input, as always, your comments are most helpful and make practical sense.
     
    Gerri
     
    GERALDENE SHERR DUSWALT
    ATTORNEY AT LAW

    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, New Jersey 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036


    Telephone: (908) 322-5160
    Facsimile: (908) 654-3970
    E-mail: [email protected]
    [email protected]

    Web Site: www.duswaltlawfirm.com


    General practice of law serving the legal needs of the community; family and matrimonial law, bankruptcy, real estate, wills, general litigation.



    This e-mail and any documents accompanying this e-mail may contain information from the law office of Geraldene Sherr Duswalt, Esq. that is intended to be for the use of the individual or entity named in this e-mail transmission and which may be confidential, privileged or attorney work product. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited. If you receive this e-mail in error, please notify the sender at once.
     





  • 5.  RE: Expert for Tevis Claim

    Posted 03-27-2017 03:32 PM
    Thank you for the recomentation, there are not a lot of assets in this case which makes it harder to process
     
    Gerri
     
    GERALDENE SHERR DUSWALT
    ATTORNEY AT LAW

    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, New Jersey 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036


    Telephone: (908) 322-5160
    Facsimile: (908) 654-3970
    E-mail: [email protected]
    [email protected]

    Web Site: www.duswaltlawfirm.com


    General practice of law serving the legal needs of the community; family and matrimonial law, bankruptcy, real estate, wills, general litigation.



    This e-mail and any documents accompanying this e-mail may contain information from the law office of Geraldene Sherr Duswalt, Esq. that is intended to be for the use of the individual or entity named in this e-mail transmission and which may be confidential, privileged or attorney work product. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited. If you receive this e-mail in error, please notify the sender at once.
     





  • 6.  RE: Expert for Tevis Claim

    Posted 03-27-2017 05:31 PM

    And probably no (homeowners) insurance coverage if I recall the case law correctly.  Good idea to check on that though.