Plaintiffs Lisa Brun and Daniel Brun ( collectively, “Plaintiffs”) brought this action against Defendants PeakCM Lake Street Hotel, LLP, d/b/a/ Hampton Inn (“Hampton Inn”), the City of St. Albans (“St. Albans”), Integrated Technical Systems, Inc. (“ITS”), Cross Consulting Engineers, P.C. (“Cross”), and Conner Communications, Inc. (“Conner”) ( collectively, “Defendants”) arising out of the injuries Ms. Brun sustained after an access gate at a parking garage owned and operated by St. Albans unexpectedly closed on Ms. Brun. As a result, Plaintiffs asserted a claim of negligence against Defendants.
Hampton Inn filed a motion in limine to exclude the testimony of Plaintiffs’ expert, George W. Melchior, R.A., P.E., with respect to any duty Hampton Inn had to warn Plaintiffs not to park in the garage.
Parking Expert Witness
George William Melchior, R.A., P.E. is a licensed architect and professional engineer with over twenty years of experience.
Through his experience as a Facilities Management Director for the Department of the Navy and as a parking consultant, Melchior has extensive experience operating and maintaining millions of square feet of parking facilities throughout the northeastern United States.
Discussion by the Court
Hampton Inn argued that Melchior’s opinions must be excluded because they: (1) are “not made within his expertise as a Registered Architect and Professional Engineer”; (2) are irrelevant; (3) are not the product of reliable principles and methods reliably applied to the facts; and (4) improperly usurp the jury’s role in applying the law to the facts.
Analysis
Melchior’s opinion regarding Hampton Inn’s duty to Plaintiffs is grounded in his education and experience in operational risk management rather than his expertise in architecture and engineering.
Because the jury can determine for itself whether it was reasonable for Hampton Inn to direct Plaintiffs to the garage if it knew the garage prohibited or posed a danger to motorcyclists, Melchior’s opinion regarding Hampton Inn’s duty is not helpful to the jury, usurps the role of the Court, and is therefore inadmissible.
It is, after all, the Court’s responsibility to decide whether a duty exists.
Held
The Court granted Hampton Inn’s motion in limine to exclude the opinion
of George W. Melchior.
Key Takeaway
It is the Court, not an expert witness, who instructs the jury on whether a duty exists and, if so, the law governing that duty.
Case Details:
| Case Caption: | Brun V. Peakcm Lake Street Hotel, LLP |
| Docket Number: | 2:24cv846 |
| Court Name: | United States District Court, Vermont |
| Order Date: | June 15, 2026 |
Leave a Reply