Jennifer Fitzgerald, Plaintiff-Respondent v. Stanley Roberts, Inc. and Edward Pomeranz, Defendants-Appellants

Summary

The Supreme Court of New Jersey reversed the Appellate Division and vacated the jury verdict, remanding for a new trial because the trial court erred in excluding the plaintiff’s expert witness, in barring reputation and opinion evidence on the plaintiff’s truthfulness, and in admitting gossip evidence without a limiting instruction. The Court held that the Graham rule does not bar calling a designated testifying expert and that character evidence was improperly excluded, while it affirmed the trial judge’s discretion to exclude the handwriting expert. Justice WALLACE, concurring, disagreed with the majority’s holding on the expert‑witness issue, arguing the exclusion was proper.