Products Liability Law Reporter

A New Jersey intermediate appellate court held that the opinion of a liability expert for the plaintiffs in an amusement ride products liability lawsuit constituted an inadmissible net opinion.

Bella Martucci, 6, rode the Enchanted Teacups ride at Six Flags Great Adventure Park. As she exited the ride, the ride’s door closed on her right index finger, severing a tendon. She and her parents sued Zamperla, Inc., the ride’s manufacturer, alleging res ipsa loquitur and violation of the New Jersey Products Liability Act. The plaintiffs offered the testimony of expert Dennis Andrews, who opined that Martucci’s injuries resulted from the teacup’s gate, which, he asserted, had closed too quickly. Andrews also posited that the defendant had failed to inspect the door of the teacup ride.

The defense moved for summary judgment, arguing, in part, that dismissal of the plaintiffs’ complaint was warranted on the basis that Andrews’s opinion constituted an inadmissible net opinion. The trial court denied the motion and held that the admissibility of Andrews’s opinion should be decided at a pretrial Rule 104 hearing.

The intermediate appellate court found that Andrews had offered an inadmissible net opinion. Under the net opinion rule, an expert must not express a speculative opinion or personal view and must provide objective support for his or her opinion. Here, the court said, Andrews’s conclusion that Martucci’s injuries resulted from the speed at which the door to the teacups ride closed was based on his personal opinion, not an objective standard, such as published studies or engineering standards. Moreover, his opinion was based on bare conclusions unsupported by factual evidence, the court said, noting that Andrews had not inspected the teacup on which Martucci was injured.

Thus, the court concluded that the trial court should have precluded Andrews’s inadmissible net opinion. The court nevertheless remanded, holding that a case management conference was necessary to determine the effect of the plaintiffs’ other proposed expert and their alternative theory, res ipsa loquitur.

Citation: Martucci v. Zaperla, Inc., 2020 WL 4524915 (N.J. Super. Ct. App. Div. Aug. 6, 2020).

Plaintiff counsel: Jeffrey N. Stern, Cherry Hill, N.J.