Betancourt, Greco & Evans LLC (“BGE”) successfully obtained summary judgment in favor of defendant shipowner and its U.S. agent in a Longshore and Harbor Workers’ Compensation Act 905(b) personal injury matter in the Superior Court of New Jersey, Hudson County Vicinage. Plaintiff, a longshoreman, alleged he was injured on defendant’s vessel while using its gangway during cargo operations. The plaintiff, in his early 40s, sought millions of dollars in lost income damages alone claiming he could never return to work as a longshoreman. Just prior to trial, BGE moved to preclude plaintiff’s liability expert’s report on the basis that it consisted entirely of unsupported factual narratives and conclusory “net” opinions. BGE argued that allowing the expert to testify in accordance with his report would result in unreliable expert testimony and would intrude on the jury’s role as factfinder. The Court agreed and struck the expert’s report. The Court then granted summary judgment dismissing all of plaintiff’s claims finding that plaintiff could not meet his burden of proof in establishing an unsafe condition without an expert. A copy of the Court's decision is available here. For more information, please feel free to contact Ronald Betancourt or Clayton Vignocchi.