In a recent legal battle, two plaintiffs have successfully appealed a previous court decision regarding an automobile negligence case. The appeal was filed by Thomas A. Fredella and Kelly A. Kearny against the Township of Toms River, with the New Jersey Appellate Division reversing the earlier judgment and remanding for a new trial. The case, initially decided on December 20, 2024, saw Fredella and Kearny challenging the admissibility of expert testimony that significantly influenced the jury’s verdict.
The complaint was originally filed in November 2017 by Thomas A. Fredella and his then-wife Kelly A. Kearny in the Superior Court of New Jersey, Law Division, Ocean County under Docket No. L-3198-17 against multiple defendants including the State of New Jersey Department of Transportation (DOT) and the State of New Jersey Department of Treasury – Fleet Management (NJ Treasury). However, before trial commenced in April 2022, both state entities settled out of court leaving only the Township as a co-defendant.
Central to this case is an incident that occurred on November 5, 2016, when Fredella’s vehicle collided with a DOT safety truck that had stopped to remove a deer carcass from NJ Route 37 West. During trial proceedings held between April and May 2022, it was revealed that Fredella had used heroin earlier on the day of the accident which became a focal point for defense arguments. The Township’s expert witness, Dr. Lawrence Guzzardi—a toxicologist—opined that heroin use impaired Fredella’s vision at night due to “pinpoint pupils,” allegedly contributing to his inability to avoid colliding with the stationary DOT vehicle.
However, plaintiffs challenged Dr. Guzzardi’s qualifications to make such assertions about ophthalmological effects given his background in toxicology rather than ophthalmology. They argued his conclusions were speculative without sufficient scientific backing or data quantifying any alleged visual impairment from heroin use at night or its impact on peripheral vision.
The appellate judges found merit in these objections noting Dr. Guzzardi’s failure to provide foundational support for his opinions which they deemed as net opinions—unsupported by reliable data or accepted medical standards—thus inadmissible under N.J.R.E 703 standards requiring factual bases for expert testimony.
Fredella also testified during trial acknowledging prior heroin use but contested claims regarding its influence on his driving ability citing lack of evidence showing impairment levels at time of crash; further questioning arose over accuracy surrounding pupil measurements recorded post-accident since no standard methodology like Rosenbaum guide was confirmed used by EMTs assessing him immediately after collision occurred.
Consequently, Appellate Judges Firko, Perez Friscia & Vinci determined lower court erred allowing such speculative testimony influencing jury assigning majority liability (60%) onto Fredella while attributing remaining fault equally between Township & DOT (20% each). They ordered retrial excluding references towards plaintiff’s drug usage unless corroborated through valid expert analysis adhering established evidentiary rules ensuring fair adjudication process moving forward.
Representing appellants were attorneys from Gelman Gelman Wiskow & McCarthy LLC led by Phillip C Wiskow whereas respondents retained services Dasti McGuckin McNichols Connors Anthony Buckley PC spearheaded Thomas E Monahan alongside Patrick F Varga providing counsel throughout litigation stages culminating current appellate outcome reversing prior judgments issued favor defendant parties involved matter Case ID: A-1299-24
Source: A129924_Fedella_v_Township_of_Toms_River_Opinion_New_Jersey_Superior_Court_of_Appeals.pdf
