--- title: "Parking Expert Not Allowed to Opine on Duty to Warn" meta: "og:description": "The parking expert was not allowed to opine on what a hotel owner should do when it knows of a physical risk to its hotel guests" "og:title": "Parking Expert Not Allowed to Opine on Duty to Warn" author: "Expert Witness Profiler" description: "The parking expert was not allowed to opine on what a hotel owner should do when it knows of a physical risk to its hotel guests" --- # Parking Expert Not Allowed to Opine on Duty to Warn Posted on June 16, 2026 by Expert Witness Profiler 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](https://expertwitnessprofiler.com/expert-witness/George-Melchior/1527470), 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](https://expertwitnessprofiler.com/expert-witness/George-Melchior/1527470), 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. [Get the full story on challenges to George Melchior’s expert opinions and testimony with an in-depth Challenge Study](https://expertwitnessprofiler.com/order/add?eId=1527470&pId=3). ## **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 opinionof 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:** --- ## **You Might Also Like** ![Marine Operations Expert Partly Allowed to Opine on the Prospects of the Plaintiff](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_14T191254_466.webp) [**Marine Operations Expert Partly Allowed to Opine on the Prospects of the Plaintiff**](https://expertwitnessprofiler.com/parking-expert-not-allowed-to-opine-on-duty-to-warn/marine-operations-expert-partly-allowed-to-opine-on-the-prospects-of-the-plaintiff)![Life Care Planning Expert Allowed to Opine on the Costs of Specialized Healthcare](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_14T161208_6371.webp) [**Life Care Planning Expert Allowed to Opine on the Costs of Specialized Healthcare**](https://expertwitnessprofiler.com/parking-expert-not-allowed-to-opine-on-duty-to-warn/life-care-planning-expert-allowed-to-opine-on-the-costs-of-specialized-healthcare)![Human Factors Expert Not Allowed to Opine on the Safety of the Flooring](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_13T192049_954.webp) [**Human Factors Expert Not Allowed to Opine on the Safety of the Flooring**](https://expertwitnessprofiler.com/parking-expert-not-allowed-to-opine-on-duty-to-warn/human-factors-expert-not-allowed-to-opine-on-the-safety-of-the-flooring)![Insurance Expert Partly Allowed to Opine on Failure to Communicate](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_13T165322_4761.webp) [**Insurance Expert Partly Allowed to Opine on Failure to Communicate**](https://expertwitnessprofiler.com/parking-expert-not-allowed-to-opine-on-duty-to-warn/insurance-expert-partly-allowed-to-opine-on-failure-to-communicate)![Economics Experts Not Allowed to Opine on Pecuniary Damages](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_12T150127_262.webp) [**Economics Experts Not Allowed to Opine on Pecuniary Damages**](https://expertwitnessprofiler.com/parking-expert-not-allowed-to-opine-on-duty-to-warn/economics-experts-not-allowed-to-opine-on-pecuniary-damages)