News : Expert Declaration Fails To Create Triable Issue of Fact

EXPERT DECLARATION FAILS TO CREATE TRIABLE ISSUE OF FACT


Nardizzi was involved in an accident with Chordigian when the brakes on Chordigian's Chrysler Cirrus failed. Harbor Chrysler Plymouth had serviced the brakes a few weeks before the accident and Nardizzi sued Harbor alleging that Harbor caused the accident by negligently failing to tighten the brake system's bleeder screws.

Harbor moved for summary judgment based on its expert's declaration that the following evidence established the bleeder screws had been properly tightened and did not leak:

  • A garage operator inspected the brake system after the accident and found the bleeder screws to be tight and not leaking.


  • Chordigian testified that she experienced no reduction in braking power from the time Harbor serviced the car to the time the accident occurred, and that the car's brake fluid level warning light never illuminated prior to the accident.


  • Nardizzi submitted its expert's declaration which simply opined that the accident was caused by Harbor's negligent failure to tighten the bleeder screws. The expert did not address the evidence relied on by Harbor's expert.


The Trial Court granted Harbor's Motion for Summary Judgment and the Second District Court of Appeal affirmed. Courts are not bound by expert opinion that is speculative or conjectural. Parties cannot manufacture a triable issue of fact with an expert opinion containing only self-serving conclusions. Because Nardizzi's expert did not address or contest any of the evidence relied on by Harbor's expert, his expert opinion did not even rise to the level of speculation or conjecture. Therefore, the expert's opinion failed to create a disputed issue of material fact.

Ronald Nardizzi v. Harbor Chrysler Plymouth
2006 DJDAR 2293

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General Litigation

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