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Neustadter v. Mountain Creek Resort

February 15, 2008

MARK NEUSTADTER AND KATHERINE NEUSTADTER, PLAINTIFFS-APPELLANTS,
v.
MOUNTAIN CREEK RESORT, INC., DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division, Sussex County, L-670-03.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued September 11, 2007

Before Judges Skillman, Yannotti and LeWinn.

Plaintiffs, husband and wife, appeal from the trial court's grant of an involuntary dismissal at the end of their case seeking damages for injuries allegedly sustained by plaintiff- husband, Mark Neustadter (hereinafter "plaintiff"), in an accident on defendant's premises, a ski resort.

On January 7, 2002, plaintiff, an acknowledged snowboarding expert, was injured while snowboarding at defendant's resort when he collided with a post supporting orange netting on the slope. The gravamen of his negligence claim was that the post was so deeply embedded in snow, and of such an inflexible material, that it was immovable and took the full force of his body, resulting in a shattered knee.

At the conclusion of plaintiff's case, the trial judge determined that plaintiff had not presented sufficient evidence to allow the jury reasonably to find liability on defendant's part. The judge also concluded that plaintiff had failed to adduce any evidence to show the injury in question was caused by the collision with the identified fence post. Accordingly, the judge dismissed the complaint.

Plaintiff raises the following points on appeal:

POINT I: THE TRIAL COURT ERRED IN GRANTING DEFENDANTS' [SIC] MOTION FOR AN INVOLUNTARY DISMISSAL PURSUANT TO R. 4:37-2(b)

A. AS TO THE MEDICAL EXPERT, DR. WEISS

B. AS TO THE LIABILITY EXPERT, MR. HANST

1. THE PHOTOGRAPHS

2. THE ALLEGED NET OPINION

POINT II: THE TRIAL COURT IMPROPERLY LIMITED THE EXPERT TESTIMONY ...


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