Supreme Court of New York, Appellate Division Reversed Jury Verdict to Dismiss Complaint, Finding the Supreme Court Exercised Improper Discretion in Precluding Testimony of an Expert Witness

In Deliz, the plaintiff presented an expert witness to testify that the most likely cause of the motor vehicle accident was that the defendant had drifted into the plaintiff’s lane, thereby causing the accident. However, because the plaintiff failed to offer his witness as an expert in a particular field, the Supreme Court instructed the jury to disregard the testimony. The court was not required to formally declare the witness as an expert because the witness’s testimony concerning his qualifications and experience provided a sufficient foundation for his opinion testimony. The preclusion of this testimony was improper.  

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