Cordy v. The Sherwin-Williams Co.
Court of Appeals for the District of New Jersey
156 F.R.D. 575 (D.N.J. 1994)
In August 1991, Sterling Cordy (plaintiff) suffered massive injuries when he rode his bike over a railroad track crossing owned by the Sherwin-Williams Co. (defendant). Cordy brought suit, claiming that Sherwin-Williams was liable for damages. After filing suit, Cordy’s law firm, Brown & Connery, retained the services of James Marley Green, an expert in the subject of bicycle accident reconstruction. In the middle of litigation, after billing Cordy for 28 hours of work and receiving access to Cordy’s confidential documents, Green returned Cordy’s retainer and agreed to be an expert for Sherwin-Williams. Cordy filed a motion barring Green from testifying for Sherwin-Williams.
Rule of Law
Holding and Reasoning (Kugler, J.)