Published Trial Court Opinions

The issue in the opinion is whether it is appropriate in an automobile negligence case to utilize a modified version of Model Jury Charge (Civil) §5.34, “Photographic Accidents in Motor Vehicle Accidents,” when there is testimony regarding the damage to both of the motor vehicles involved in the subject accident, but no photographs were entered into evidence. In most automobile negligence cases, either the plaintiff or defendant produces photographs of the vehicles from the accident and requests the jury instruction set forth in Model Jury Charge (Civil) §5.34, “Photographic Accidents in Motor Vehicle Accidents.” This charge is commonly referred to as a Brenman charge because it is derived from our Supreme Court’s decision in Brenman v. Demello, 191 N.J. 18 (2006). The court ultimately permitted the charge to be given having determined the importance of the charge is not so much based on the existence of photographs in a particular case, but rather how a jury should evaluate motor vehicle damage in relation to the alleged injuries. In short, that evidence of vehicle damage is in the form of testimony rather than photographs should not govern whether the charge is given.

Summary is not available for this Opinion.

Summary is not available for this Opinion.