Decisions of Interest

Negligence/Expert Testimony

Plaintiffs filed an action sounding in negligence against our client, a construction company, to recover damages to property allegedly arising out of our client’s municipal infrastructure work. At the time of trial, we filed a motion in limine to exclude plaintiffs’ expert report and expert testimony on the ground that plaintiffs’ expert report was a “net opinion” under New Jersey law. We argued that the expert report was improper because it failed, among other things,  to set forth the standard of care for our client’s alleged negligence. The trial judge agreed. Before opening statements, the court granted our motion and dismissed the case.