Victory in the New Jersey Appellate DivisionOctober 31, 2015 | |
Brian Ade and Alexander Pappas won at the appellate division in a matter styled Papaiya v. North Hudson Regional Fire Rescue, et. al. Rivkin Radler represented a public water utility. The plaintiffs were the owner of a residential apartment house that burned down when a fire from a neighboring apartment house spread to their property. Plaintiffs alleged against the utility that the fire hydrants lacked sufficient water pressure to combat the fire. At the trial level, we moved to bar the plaintiffs’ liability expert’s testimony as a net opinion and to dismiss plaintiff’s case. The trial court granted our motion. The plaintiff appealed. The appellate division agreed with our arguments, that the plaintiffs’ liability expert was a net opinion and that the plaintiffs’ case should be dismissed since they did not have a qualified expert to opine as to the standard of care. The appellate division upheld the trial court’s decision and affirmed the dismissal of plaintiff’s case.