You be the Judge: Expert Opinions must be based on fact

YOU BE THE JUDGE

If you need an expert witness to help you in a lawsuit, this may interest you.

In some lawsuits, it is necessary to rely upon the opinions of expert witnesses. Courts generally permit experts to testify if they are able to assist the jury in resolving certain factual issues.

Precedent on this subject is well-established in the New Jersey Rules of Evidence and in many reported decisions of the New Jersey courts.

Recently, the Appellate Division of the New Jersey Superior Court considered that precedent.

The case involved injuries sustained when plaintiff was seriously injured while attempting an extreme jump on his new sport all-terrain vehicle (ATV). The owners manual warned against jumps. The vehicle also had warning labels on it, although jumps were not specifically mentioned on the labels.

Plaintiff's expert opined that the risk of injury from jumping was so great that the label should contained a specific admonition against the practice.

The trial court granted summary judgment to the ATV manufacturer because the expert did not identify any factual basis for his opinion.

The plaintiff appealed.

YOU BE THE JUDGE: Isn't an expert permitted to give his opinion to a jury without limitation?

The Appellate Division affirmed the ruling of the trial judge in favor of the manufacturer. Without an adequate explanation of the factual basis, the expert's conclusions were merely a "net" opinion and inadmissible. Lacking this element of proof, the plaintiff's case could not succeed.

The appellate court held that experts must be qualified by experience and/or education. Further, however, they must demonstrate that their opinion is not simply personal, but is a reliable standard acceptable in the field. In this case, the expert should have identified factual or statistical information about the risk associated with jumping so the magnitude of the risk could be objectively identified. Further the expert failed to give any governmental or industry standards which were allegedly violated by the warning label that was used.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Alpine, Allendale, Ridgewood, Paramus, Upper Saddle River and throughout Bergen County, in Clifton, Ringwood, Passaic, Little Falls and elsewhere in Passaic County, in Bloomfield, Caldwell, Roseland, Cedar Grove, Belleville and throughout Essex County, in Berkeley Heights, Clark, Cranford and Elizabeth in Union County, in Whippany, Montville, Jefferson, Chatham and Parsippany and Mendham in Morris County, in Linden, Kenilworth, Plainfield and Cranford in Union County, in Atlantic Highlands, Belmar and Avon in Monmouth County, in Kearny, Bayonne, Union City and North Bergen in Hudson County, in Cranbury and New Brunswick in Middlesex County, in Hightstown, Hamilton Township, Annandale and Princeton in Mercer County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.