AMENDING EXPERT WITNESS LISTS – DON’T FORGET TO DO IT
A couple who bought a home that was later discovered to have a history of mold, asbestos, and flooding failed in their bid to reverse a trial court’s judgment in favor of the home seller. The couple contended the trial court erred when it denied their motion to add an expert witness to testify about the home’s value when it was sold. The panel disagreed with the couple, pointing out that the couple filed a motion to amend their witness list two weeks before trial in a case that had been pending for over three years.
The panel said the trial court did not abuse its discretion when it denied the couples’ motion to amend their witness list. The panel stated the couple waited more than two months after the sale of their home was complete to file their motion to add an expert witness to testify to the alleged loss of value from the sale. The couple did not amend or seek to amend their complaint after the sale of the house. If the couple was allowed to call their expert witness, the opposing party would have been prejudiced because they would have had limited notice to prepare for a cross-examination of the expert witness.
This case highlights the importance of complying with the Court’s Pretrial Orders and deadlines. A trial judge has broad discretion to strike a witness or expert witness from testifying if the witness has not been properly disclosed.
Read entire case at:
Nicholas Pavlak v James Bechtel
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents defendants in civil liability litigation across Michigan and Northern Ohio. His practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
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