Net Opinion and Inadmissable Expert Testimony – Slip and Fall Case

Arroyo v. Durling Realty, L.L.C., App. Div. (Sabatino, J.A.D.)

(October 23, 2013)

In this slip and fall case the plaintiff offered an expert report and testimony which the appellate court found the trial court properly rejected as a NET OPINION because the expert merely provided a personal opinion of criticisms of defendant’s maintenance and trash-removal practices. The court found the expert’s criticisms comprised inadmissible “net opinions” that were not based on objective standards accepted by a well founded prevailing or common in the field which the opinion was offered. Instead, the opinions were based on the expert’s personal experiences, without sufficient substantiation or competent proof that they were prevailing or common in the field.

Have you hired an expert who can justify his opinions with support for the professional community within the area of expertise he is providing?

Submitted by personal injury and criminal lawyer Jeffrey Hark.