Opinion
C.A. No.: N13C-11-302 FSS
11-05-2015
RE: Robert C. Dalton v. Kaisen K. Eason & Liberty Mutual Fire Ins. Co.
Gary S. Nitsche, Esquire Samuel D. Pratcher, III, Esquire Weik, Nitsche, Dougherty & Gailbrath 305 North Union Street, 2nd Floor Wilmington, DE 19805 Ronald W. Hartnett, Jr., Esquire Chrissinger & Baumberger Three Mill Road, Suite 301 Wilmington, DE 19806
FRED S. SILVERMAN JUDGE Gary S. Nitsche, Esquire
Samuel D. Pratcher, III, Esquire
Weik, Nitsche, Dougherty & Gailbrath
305 North Union Street, 2nd Floor
Wilmington, DE 19805 Ronald W. Hartnett, Jr., Esquire
Chrissinger & Baumberger
Three Mill Road, Suite 301
Wilmington, DE 19806 Dear Counsel:
This decides Defendant's motion in limine, heard on September 11, 2015. Basically, it appears the updated medical report corrects a significant mistake made by the doctor in his initial report. There is time for Defendant to react to this turn-of-events. So, the motion to preclude Dr. Bandera from testifying consistent with his amended report is DENIED. Defendant, however, is entitled to reasonable costs incurred in dealing with this situation.
Assuming counsel cannot agree, Defendant has leave to submit a reasonable request for reimbursement. Plaintiff may respond promptly. If the court must decide, it will probably either grant the sanctions as requested or deny them entirely. The court does not intend to scale-back an unreasonable request. Proceed accordingly.
IT IS SO ORDERED.
Very truly yours,
/s/ Fred S. Silverman FSS/mes
cc: Prothonotary (Civil) P.S. The court is still waiting for you to contact staff about a new TSO, as called-for on September 11, 2015.