CONTRACTS
11-2-4959 Al Shabrawy Inc. v. Airpack Inc., App. Div. (per curiam) (8 pp.) Plaintiff, a wholesale meat distributor, purchased 80,000 plastic bags from defendant to be used to vacuum seal its meat. Plaintiff appeals the trial court’s grant of summary judgment in this action, filed after plaintiff learned that some of its meat had spoiled, alleging that half of the 80,000 bags were defective and asserting claims for breach of contract and fraud, and in which defendant filed a counterclaim for the balance due on the purchase price of the bags. The panel affirms finding that there is no common knowledge held by an average jury member of the workings of vacuum-sealed bags for meat distribution and that expert testimony was needed to explain how the bags were defective and whether the meat spoliation was caused by this defect and plaintiff failed to produce such evidence.
