Thursday, July 26, 2012
FORD MOTOR CREDIT COMPANY, LLC, D/B/A JAGUAR CREDIT VS. PATRICIA MENDOLA VS. JAGUAR LAND ROVER NORTH AMERICA, LLC, ET AL.
FORD MOTOR CREDIT COMPANY, LLC, D/B/A JAGUAR CREDIT VS. PATRICIA MENDOLA VS. JAGUAR LAND ROVER NORTH AMERICA, LLC, ET AL. A-4675-10T1
The precise and limited issue we decide is whether a claimant must present expert testimony to support her causes of action against several defendants in the automotive business for damages sustained when the engine of her leased automobile seized. We hold that an expert witness is necessary to support the claims of negligent repair and inspection of the repair work, and to prove that the vehicle was defective. However, a
prima facie claim of breach of express warranty does not require proof of a defect and, therefore, does not in the first instance require that the claimant have an expert witness to explain the reasons that the vehicle did not perform as warranted. We also hold that there is no cause of action for damages to the product itself, and consequential losses arising from such damages, under New Jersey's Product Liability Act, N.J.S.A. 2A:58C-1 to - 11. 07-24-12