Diana M. Hendry (Of Counsel-Madison, NJ) and John P. O’Toole (Partner-Madison, NJ) won a motion for summary judgment on behalf of a landlord in a case in which the plaintiff was severely injured when an errant driver plowed through a local fast food franchise. The case involved an automobile driver who was parked in front of the franchise store and accelerated abruptly, crashing through the storefront, striking the plaintiff. There was surveillance video, which was shocking and certainly would have influenced a jury. The driver tendered his policy limits and was dismissed from the case. The plaintiff alleged the property owner was negligent; he argued that the owner should have installed bollards in front of the store. We submitted an expert report confirming that the municipal code did not require bollards and that the bollards would not necessarily have prevented the incident. The plaintiff failed to submit an expert report, and the court determined that expert testimony was necessary because the allegations were beyond the ken of the average juror. On that basis, the court dismissed the premises liability case against our client.