At the opening of a scheduled 7-week trial, the defendant insurer brought a motion for an adjournment due to the plaintiff's late disclosure of physical evidence and additional documents.
The plaintiff had disclosed the existence of particles and other physical evidence relevant to the cause of the equipment failure just weeks before trial.
The court found that it would be unjust to force the defendant to proceed without an opportunity to obtain expert advice and conduct further discovery on the newly disclosed evidence.
The motion for an adjournment was granted.
