Nardi v. RBB Enterprises Inc., N.J. Super. App. Div. 2016 Super. Unpub. LEXIS 1973

Clarity in reason for summary judgment required.

An appeal of a summary judgment was granted when based on the plaintiff’s expert giving a net opinion. The defendant’s motion was based on the plaintiff’s deposition testimony that she did not know where she fell, either in front of or behand the foul line when bowling. Because neither the defendant’s statement of facts nor brief mentioned the expert opinion, it was considered an issue the defendant had not raised, and a sua sponte decision by the court.

 

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