Opinion
C.A. No. 05C-08-311-PLA.
Submitted: June 7, 2007.
Decided June 26, 2007.
UPON CONSIDERATION OF PLAINTIFFS' MOTION IN LIMINE TO STRIKE DEFENDANTS' "LATE-DESIGNATED" FACT AND EXPERT WITNESS OR, IN THE ALTERNATIVE, TO PERMIT PLAINTIFF TO DESIGNATE A SUPPLENMENTAL ENGINEERING WITNESS. GRANTED in part, DENIED in part.
This 26th day of June, 2007, it appears to the Court that:
1. On March 3, 2004, Michael J. Talley was operating a motorcycle and traveling eastbound on Nottingham Road approaching the intersection of Jackson Hall Road. A trash-hauling truck, owned by Tri-State Waste Solutions, Inc. and operated by George T. Collins, Sr. (collectively "Defendants"), was traveling westbound on Nottingham Road and was preparing to make a left turn onto Jackson Hall Road. Mr. Collins began to initiate the truck's left turn, unaware of Mr. Talley's approaching motorcycle until it was too late. The motorcycle collided with the truck. Mr. Talley suffered severe injuries, including the amputation of a leg. Mr. Talley and his wife, Susan Talley, (collectively "Plaintiffs") subsequently filed this action against the Defendants.
See Docket 2. "Docket [#]" refers to the number assigned by LexisNexis File Serve.
2. Plaintiffs have now filed a motion in limine pursuant to Super. Ct. Civ. R. 16(f) ("Rule 16(f)") to strike Defendants' "late-designated" fact and expert witness, Joseph D. Hudak, P.E., or, in the alternative, to permit Plaintiffs to designate a supplemental engineering witness. Plaintiffs contend that Defendants should not be permitted to call Mr. Hudak as a fact or expert witness because he was not identified before the initial deadline contained in the trial scheduling order. Plaintiffs alternatively argue that, if the Court is unwilling to strike Mr. Hudak, the Court permit Plaintiffs to retain a professional engineer to review and rebut Mr. Hudak's measurements and anticipated testimony, and to take the discovery deposition of Mr. Hudak at Defendants' expense.
See Docket 55.