Opinion
Case No. 05-60287.
March 20, 2008
This matter came before the court on post-trial motions by the parties to re-open the proofs to include supplemental medical records as trial exhibits. A bench trial was heard May 22-23, 2007; the parties filed proposed findings of fact and conclusions of law June 11-28, 2007. The following month, plaintiff Joseph Dean's orthopaedic surgeon removed the external fixator from Dean's leg.
Plaintiffs' motion, filed July 6, 2007, sought to inform the court of the removal "[b]ecause some of the damages recited in Plaintiffs' Proposed Findings of Fact related to the presence of the external fixator," and "it was felt that disclosure of the removal of the device would be appropriate." Plaintiffs' mot. at 2.
Defendant Shamo responded with a motion to stay the court's findings of fact and conclusions of law, as well as a judgment, "until such time as the parties may determine if it is necessary to move to re-open proofs to supplement the record with new medical information concerning Plaintiff's medical condition." Defendant's mot. at 2.
Plaintiffs responded to that motion and attached the affidavit of Dr. Robert Colen, plaintiff Joseph Dean's orthopaedic surgeon who had testified at trial. Defendant Shamo then filed a motion to re-open proofs to include supplemental records which were attached to the motion and are Dr. Colen's office notes for treatment Joseph Dean received after the close of proofs.
It is hereby ORDERED that the motions to re-open proofs are GRANTED and that the exhibits attached to those motions are now part of the record upon which the court will enter its findings of fact and conclusions of law.
It is further ORDERED that defendant Shamo's July 9, 2007 motion for stay is DENIED AS MOOT.