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Sunday, March 15, 2015

Deborah Townsend v. Noah Pierre (A-2-13; 072357)

Deborah Townsend v. Noah Pierre (A-2-13; 072357) 

Given the uncontradicted testimony that the driver’s view was unimpeded by the shrubbery on defendants’ property, the trial court properly barred the causation opinion of plaintiffs’ expert and granted summary judgment. The opinion on the issue of causation was a net opinion that was directly contradicted by the factual evidence. The opinion with regard to the duty of care owed by the property owner and lessee was properly substantiated and was therefore admissible under N.J.R.E. 702 and 703. 3-12-15