Loper v. Adams

Summary

The North Dakota Supreme Court held that the district court did not abuse its discretion by excluding the plaintiff’s untimely disclosed medical expert and denying an enlargement of time. However, the court concluded that genuine issues of material fact remained regarding whether a later incident was a superseding, intervening cause of the plaintiff’s injuries, and therefore reversed the summary judgment and remanded.

Holdings

1. The district court did not abuse its discretion in finding no excusable neglect, denying Loper's motion for an enlargement of time and continuance, and excluding Dr. Dunnigan's testimony and report.
2. Summary judgment dismissing Loper's negligence action was improper because genuine issues of material fact remained regarding whether the May 23 gate incident was an independent and unforeseeable superseding, intervening cause that severed the causal connection between Adams's alleged negligence and Loper's injuries.

Questions Presented

1. Whether the district court abused its discretion by denying Loper's motion to enlarge the expert-disclosure deadline and for a continuance.
2. Whether the district court abused its discretion by excluding Dr. Ralph Dunnigan's expert testimony and report after untimely disclosure.
3. Whether summary judgment was proper on the ground that Loper lacked expert evidence establishing causation or that the May 23 gate incident was a superseding, intervening cause relieving Adams of liability for the May 16 calf incident.

Disposition

reversed_and_remanded