Expert testimony is not required when a plaintiff bases a child sexual abuse claim on recalled memories, the New Jersey Supreme Court has ruled. Melissa Phillips, the plaintiff in the case, claimed that her memories were triggered by a dream, without the aid of professional therapy. Had Phillips alleged that the memories had flooded back to her after undergoing therapy, hypnosis or medication, she would have been required to produce an expert, Justice Jaynee LaVecchia wrote for a unanimous court.
May 23, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Expert testimony is not required when a plaintiff bases a child sexual abuse claim on recalled memories, the New Jersey Supreme Court ruled Thursday.
Rather, a jury should be allowed to assess the credibility of the plaintiff’s testimony in the same way it would any other lay witness, the court decided unanimously in Phillips v. Gelpke, A-1-06.
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