June 12, 2007
GERARD GINOLFI, PLAINTIFF-APPELLANT,
DAIMLER-CHRYSLER CORPORATION, DAIMLER-CHRYSLER AG, WARNOCK AUTO GROUP, AND JOHNSON CONTROL, INC., DEFENDANTS-RESPONDENTS.
On appeal from the Superior Court of New Jersey, Law Division, Morris County, L-3110-03.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 30, 2007
Before Judges Coburn, Axelrad and R.B. Coleman.
In this products liability action, plaintiff appeals from an order filed on August 5, 2005, which, in essence, entered summary judgment in favor of defendants.
On appeal, plaintiff offers the following arguments:
THE COURT'S DISMISSAL OF PLAINTIFF'S COMPLAINT WITH PREJUDICE PURSUANT TO R. 4:23-5(a)(2) WAS IN ERROR.
THE COURT'S GRANT OF SUMMARY JUDGMENT TO DAIMLER CHRYSLER AND JOHNSON CONTROLS WAS IN ERROR.
A. The Dismissal for Failure to Serve an Expert Report was Improper as there was An Expert Report.
B. No Expert is Required as a Prima Facia Case is Established by the Application of Res Ipsa Loquitur.
A LESSER SANCTION THAN DISMISSAL WAS APPROPRIATE WHICH WOULD HAVE INCLUDED GRANTING PLAINTIFF'S MOTION FOR AN INVOLUNTARY DISMISSAL.
After carefully considering the record and briefs, we affirm substantially for the reasons expressed by Judge Dumont (in his well-reasoned oral opinion delivered on June 24, 2005) on plaintiff's inability to prove this complex products liability action without expert testimony.
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