Goodell DeVries Excludes Expert Testimony and Obtains Summary Judgment for Forklift Manufacturer

By: GDLD | 12.26.14 | Case Results

On December 2, 2014, the Superior Court of New Jersey, Mercer County granted a motion to exclude expert testimony under New Jersey Rule of Evidence 702 and then a summary judgment motion filed by Thomas J. Cullen, Jr. and Andrew W. Croner on behalf of Crown Equipment Corporation. In Ixcopal v. Crown Equipment Corporation, Plaintiff sought damages associated with a serious leg injury sustained while operating a Crown stand-up rider forklift. Plaintiff proffered a mechanical engineer to offer the theory that the forklift was defective because it failed to incorporate any one of four alternative designs he proposed and failed to provide adequate warnings. Following an evidentiary hearing, Judge Douglas H. Hurd granted Crown’s motion to exclude the testimony of the mechanical engineer, holding that he was not qualified to render the proffered opinions and that his opinions amounted to unreliable “net opinion” under New Jersey law. Based on that ruling and the resultant absence of expert testimony for Plaintiff, Judge Hurd granted summary judgment in Crown’s favor.