Luciano v. Port Authority Trans-Hudson Corp.

The opinion of the court was delivered by

LANDAU, J.A.D.

Plaintiff Thomas Luciano appeals from the dismissal of his Law Division complaint against The Port Authority of New York and New Jersey (Authority). Prior to jury trial, Luciano’s attorney requested a ruling in limine that a res ipsa loquitur charge be given. That motion was denied. Upon a proffer of the proofs to be submitted on Luciano’s behalf, the judge dismissed the complaint for failure to establish a prima facie case of negligence, *312reasoning that one of the requisite res ipsa elements, exclusive control, was not met.

The proffer…