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: Michigan Construction LawNegligent Building Design, Expert Testimony Required to Establish
?In the absence of expert testimony providing standards for evaluating the relevant risks and advantages of [a particular] design, a jury would be denied an objective framework by which to evaluate [the] plaintiff?s claim, thus precluding any genuine determination whether the design was unreasonable.? Id. at 434. Therefore, a plaintiff?s negligent building design claim must be dismissed if not supported by expert testimony. Id. at 436.
"It is well settled that a jury must not be permitted to speculate or guess whether a defendant has been negligent; nor may a jury be permitted to speculate concerning the causation of a plaintiff?s injuries. (citations omitted) Because plaintiff failed to present expert testimony to support his claim that defendant?s hotel was negligently designed, the circuit court erred by declining to grant summary disposition in favor of defendant with respect to this claim."
Full post as published by Michigan Construction Law on July 31, 2010 (boomark / email).
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