BORNSTEIN et al v. COUNTY OF MONMOUTH et al

Filing 171

MEMORANDUM AND ORDER granting 80 Motion of Defendant Correct Care Solutions, LLC to limit the testimony of Plaintiff's Expert Martin F. Horn. Signed by Judge Anne E. Thompson on 11/14/2014. (mmh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ISRAEL BORNSTEIN, individually and as
administrator of the estate of Amit
Bornstein,

Civ. No. 11-5336
MEMORANDUM ORDER

Plaintiff,
v.
COUNTY OF MONMOUTH, et al.,
Defendants.
THOMPSON, U.S.D.J.
On December 20, 2013, Defendant Correct Care Solutions, LLC (“CCS”) filed a motion
to limit Plaintiff’s Expert Martin F. Horn from testifying against Defendant and its medical
personnel. (Doc. No. 80). Plaintiff opposes the motion. (Doc. No. 102). Upon review of the
parties’ written submissions and without oral argument, pursuant to Federal Rule of Civil
Procedure 78(b), the Court will grant Defendant’s motion, in light of the following:
(1) New Jersey’s Patients First Act, N.J.S.A. § 2A:53A-41, states that “In an action
alleging medical malpractice, a person shall not give expert testimony . . . on the
appropriate standard of practice or care unless the person is licensed as a physician or
other health care professional in the United States . . . .”
(2) Counts Five, Six, and Seven of Plaintiff’s Amended Complaint (Doc. No. 12) are
asserted against CCS and appear to be medical malpractice claims, with no mention
of 42 U.S.C. § 1983 or other asserted violations of Plaintiff’s constitutional or civil

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rights.1 (See Doc. No. 160, Memorandum Order of Judge Sheridan, at 3, stating “it is
clear that Plaintiff’s claims against Defendant CCS are for medical malpractice. The
Court finds nothing in the Amended Complaint to indicate that Plaintiff raised any §
1983 claims against Defendant CCS.”)
(3) Plaintiff’s Expert Martin F. Horn is not a licensed physician or health care
professional. (Doc. No. 80, Exhibit B, Curriculum Vitae of Martin F. Horn).
(4) Mr. Horn’s Report includes standard of care testimony assessing the nature of
medical care that the deceased Mr. Bornstein received from CCS. (Doc. No. 80,
Exhibit A, at 8).
Accordingly,
IT IS, on this 14th day of November, 2014
ORDERED that the Motion of Defendant Correct Care Solutions, LLC to limit the
testimony of Plaintiff’s Expert Martin F. Horn is GRANTED;2 and it is further
ORDERED that, pursuant to New Jersey’s Patients First Act, N.J.S.A. § 2A:53A-41, Mr.
Horn shall be barred from offering expert testimony at trial against CCS or its personnel that
consists of improper standard of care opinions by a non-health care professional in an action
alleging medical malpractice.

/s/ Anne E. Thompson
ANNE E. THOMPSON, U.S.D.J.

1
Although Plaintiff’s Amended Complaint Counts One through Four assert claims under 42
U.S.C. § 1983, they are only asserted against the Monmouth County Defendants, not CCS.
2
The Court notes that Plaintiff, in his Opposition brief, concedes that “[i]f this was an action for
medical malpractice CSS’s argument would have merit.” (Doc. No. 102 at 6).

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