Thursday, July 18, 2013

Judge Nealon of Lackawanna County Addresses Admissibility of Late Expert Report

In the case of Boyko v. Litzy's Lounge, et al., 09 CV 5231 (C.P. Lacka. Co. July 5, 2013 Nealon, J.), Judge Terrence R. Nealon granted a Plaintiff's motion in limine to preclude a defense liability expert's
Judge Terrence R. Nealon
Lackawanna County
opinion based, in part, upon the report being produced beyond a court ordered deadline and not until the eve of trial.

The case involved a pedestrian plaintiff who was struck by an allegedly intoxicated driver in the parking lot of the lounge.  The defense sought to rely upon a liability expert report indicating that the plaintiff was intoxicated and that the injuries alleged were consistent with a fall down to the right. 

After reviewing the parameters of the law of the admissibility of late expert reports, the court noted that, while the late production of the report did not appear to be bad faith or willfulness on the part of the defense, there were no extenuating circumstances identified by the defense to show that the late production was beyond the control of the defense.  The court also noted that, with the limited time of only days remaining before the start of trial, the plaintiff would be prejudiced by the inability to secure a rebuttal report.  The court rejected the notion that a continuance of the trial be entertained.

Anyone wishing to review Judge Nealon's Opinion in the Boyko case may click this LINK.

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