Robertelli Obtains Second Summary Judgment for Home Elevation CompanySeptember 24, 2018 |
John Robertelli obtained a second dismissal of all negligence claims with prejudice made against a Home Elevation Company related to a dispute over work performed pursuant to a contract after the home was damaged by Superstorm Sandy. All claims for negligent workmanship were dismissed by the Honorable Daniel L. Weiss J.S.C. in Monmouth County who held that plaintiff failed to prove any claim of negligence in the absence of an expert report that comports with R: 4-17-4. Judge Weiss also rejected plaintiff’s arguments that the negligence of the contractor falls within the Common Knowledge Doctrine and as such, no expert testimony is required. Judge Weiss also dismissed all claims made against the contractor for Breach of Contract and violation of New Jersey’s Consumer Fraud Act due to plaintiff’s failure to prove ascertainable damages.