Kellie Hurt et al. v. Allstate Indemnity Co.

Summary

The court granted plaintiffs’ motions for a retroactive extension of the deadline to produce an expert report and denied defendant’s motion to strike the expert disclosure and exclude the expert’s testimony. The court found that plaintiffs were diligent and that the 28-day delay was harmless because defendant had reviewed the report and proceeded with the expert depositions.

Holdings

1. The court granted plaintiffs' motions for a retroactive extension because plaintiffs were diligent in meeting their disclosure obligations and the delay was harmless.
2. The court denied defendant's motion to strike Prosser's disclosure and exclude his expert testimony because the 28-day delay was harmless and exclusion was unnecessary.

Questions Presented

1. Whether the court should retroactively extend the deadline for plaintiffs to produce Prosser's expert report.
2. Whether the 28-day delay required striking Prosser's disclosure and excluding his expert testimony.

Disposition

other