On December 30, 2015, the NJ Appellate Division held, in Cho v. Trinitas Hospital, et al., ___ N.J. Super. ___ (A-5923-13T2), in a medical malpractice action, that a motion in limine filed on the day of trial call, which sought “dismissal” of the action, was a falsely-packaged summary judgment motion that should never have been entertained.
Law Division Judge Camille Kenny’s Egregious Due Process Violation
On March 31, 2014, the case was listed for jury trial. By that time, other defendants had been dismissed from the case and only defendant Hyeun Park, MD, remained. That day, defendant requested a “one day” adjournment of the trial date. Then, on April 1, 2014, for the first time, during the trial call, Park’s defense lawyer Gary Riveles told the trial judge, Camille Kenny of Union County, Law Division, that he wanted to make a “motion in limine” to dismiss the claims against Park.
In a shocking demonstration of abject disregard for constitutional due process, Judge Kenny granted leave. Riveles filed a motion that afternoon, styled “in limine,” and the motion requested “dismissal” of the action based upon plaintiffs’ alleged inability to “prove damages.” The motion was heard on April 2, 2014, the date for jury selection. READ MORE