David Hurd, Trustee of the Amended and Restated David C. Hurd Trust Dated February 3, 1999 v. H & H Real Estate, LLC, d/b/a Hogan Associates

Syllabus

The plaintiff, David Hurd, Trustee of the Amended and Restated David C. Hurd Trust Dated February 3, 1999, appealed from a Superior Court judgment entered in favor of the defendants, H & H Real Estate, LLC, d/b/a Hogan Associates, and Kevan Campbell, following the grant of the defendants' motion for summary judgment. On appeal, the plaintiff argued that the hearing justice erred in ruling that he was required to present expert testimony to prove that the defendants owed him a cognizable duty of care. The Supreme Court concluded that expert testimony is generally required to establish the applicable standard of care in a negligence action against a real estate professional, because the day-to-day duties of such professionals are beyond the common knowledge of laypeople. The judgment of the Superior Court was therefore affirmed.