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
