Rodriguez v. Wal-Mart, Inc., Supreme Court of New Jersey, published March 4, 2019.
Congratulations to Katelyn E. Cutinello, Esq. for her win in the Supreme Court of New Jersey as amicus curiae on behalf of the New Jersey Defense Association in the Rodriguez v. Wal-Mart, Inc. case. Rodriguez is a groundbreaking decision regarding damages. It specifically addresses the issue of “symptom magnification”.
The Supreme Court reversed the appellate division who had established a bright-line rule holding that the defense is prohibited from referencing a plaintiff’s symptom magnification and that the defense cannot use the term “malingering” or use plaintiff’s prior psychiatric history. As amicus for the NJDA, Ms. Cutinello, argued for a case-by-case approach which is now the prevailing law in the State of New Jersey.