Richard Shelcusky and Donna Shelcusky, His Wife, Plaintiffs-Appellants v. Al Garjulio

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for further proceedings, holding that the trial court erred in granting summary judgment because the plaintiff's second certification was not a sham affidavit and created a genuine issue of material fact on proximate causation. The Court applied the sham affidavit doctrine, finding the plaintiff’s explanations plausible and his affidavits consistent with his deposition testimony. Justice Verniero, concurring in part and dissenting in part, agreed the doctrine should not preclude the affidavit but maintained that no genuine issue of proximate cause existed and would have affirmed the summary judgment.