The defendant physician in a medical malpractice action sought an extension under rr. 53.03(4) and 53.08(1) of the Rules of Civil Procedure to serve three late expert reports.
The court granted the motion with respect to one report, finding that the unexpected death of the originally retained expert constituted a reasonable explanation for the delay.
However, the court denied the motion for the remaining two reports, holding that trial counsel's admitted inattentiveness to the file and deliberate choice to prioritize other matters did not constitute a reasonable explanation, and that the conjunctive test under the amended r. 53.08(1) required dismissal absent satisfaction of that threshold.
