Expert Witness Blog
Summary: Electronics Expert Witness not allowed to testify in contract case even though he owns a small business performing audio-visual installations.
Facts: This case (Peters v. Best Buy Stores, LP – United States District Court – District of Maryland – March 3rd, 2022) involves a breach of contract claim filed against Best Buy. The plaintiff, Nnena Ella Peters, says that she went to Best Buy to order numerous televisions and appliances. She claims that staff at Best Buy convinced her that the company and its subsidiaries had the experience, reputation and size to handle the project. By 2020, Peters alleges that the systems in her house were not working to her satisfaction even though best Buy continued to work on the project. She then filed suit against the company. In order to prove her case, Peters hired Electronics Expert Witness Mr. Orjan Dhimitri Gjoni to provide expert testimony. Best Buy has filed a motion to exclude the expert witness testimony of Mr. Gjoni.
Discussion: The court first notes that Mr. Gjoni owns a small business which does audio-visual and security installation. Prior to this, Mr. Gjoni states that he owned a “dealership” with DISH Network and DirecTV where he worked on installing satellite dishes. In addition, the court states that Mr. Gjoni attended college for two years but did not graduate, has never worked for a retail store like Best Buy and has never been retained as an expert witness before this case.
Best Buy argues that Mr. Gjoni’s expert testimony should be excluded because his opinions are not reliable or relevant as they have not relied on a factual basis or methods of reasoning accepted in his field. In addition, Best Buy explains that his expert opinions are based on his own personal experience and speculation. Ms. Peters responds by stating that Mr. Gjoni performed essentially the same investigation as Best Buy’s expert. In addition, she states that Mr. Gjoni’s expert testimony is relevant because whether the systems were functioning properly falls beyond a layperson’s knowledge.
The court opines that Mr. Gjoni’s opinions are not reliable because he did not identify any industry standards or publications on which he based his opinions. The court also notes that his opinions are his personal opinions and not based on industry standards or norms.
Conclusion: Best Buy’s motion to exclude Orjan Dhimitri Gjoni from providing expert witness testimony is granted by the court.