Wood v. Club, LLC
Certification was found improvidently granted in this premise's liability action, on the issues of whether the Appellate Court properly determined that the trial court correctly allowed an expert witness to testify and properly determined that the trial court's instructions to the jury were adequate to allow the jury to determine the issues before it, including the issue of proximate cause. Patrick Wood brought this action against the named defendant, Club, LLC, alleging negligent and reckless supervision of its premises. Following a jury trial, the court rendered judgment in accordance with the verdict for the plaintiff on the negligence count, awarding $300,000 in economic and noneconomic damages. The defendant appealed, claiming, inter alia, that the trial court improperly allowed the plaintiff's expert witness, Kevin DePalma, to testify and refused to instruct the jury on liability for the actions of third parties. The Appellate Court affirmed the trial court's judgment, concluding that the trial court did not abuse its discretion in permitting DePalma to testify because he possessed the necessary qualifications to render an expert opinion. The Appellate Court also found the jury instructions adequate on the issue of proximate cause, including whether the assault on the plaintiff by a third party was of the same general nature as the foreseeable risk created by the defendant's conduct. The Supreme Court granted the defendant's petition for certification to appeal, limited to the two issues. After examining the record and considering the parties' briefs and oral arguments, the appeal was dismissed on the ground that certification was improvidently granted.