Robert C. Neff Jr.

Robert C. Neff Jr. (Of Counsel-New Jersey) represented a well-known sheetrock supplier who delivered loads of sheetrock to a large office building, boomed the sheetrock bundles to the second floor, and then loaded 12–14 sheets on carts for distribution by the sheetrock installer. The plaintiff was employed by the sheetrock installer and during one delivery, about a thousand pounds of sheetrock fell off the cart and crushed plaintiff’s foot when the cart struck a hole in the floor. A dozen depositions and three expert reports from plaintiff later, Bob moved for summary judgment, arguing that the expert’s opinions that our client had a duty to make sure that the sheetrock was properly loaded on the proper kind of cart, and to inspect the entire floor before the carts full of sheetrock were delivered by others, were unsupported by any standard, code or regulation, and should be barred as net opinions. He also argued that there was no proof that the cart was unfit for the job, or that it was improperly loaded. After briefing and oral argument, the presiding judge in Bergen County agreed in a detailed written decision, barring the expert’s opinions, and concluding that there was no factual support for the allegation of improper loading, or the use of the wrong kind of cart, even though larger carts with broader wheelbases were available. Motions by the general contractor and floor removal company defendants were denied, so plaintiff will continue his suit against others.