The decision addresses three mid-trial motions in a solicitor’s negligence action.
The plaintiffs sought leave to admit late-served expert reports and to call Ms. Tara Sweeney as a participant expert.
The defendant sought to limit the plaintiffs’ claim to damages arising from an alleged improvident settlement and objected to the plaintiffs calling multiple experts on the same issue.
The court held that the plaintiffs are precluded from advancing any theory of liability beyond the improvident settlement claim, denied leave to rely on the late-served expert reports, found Ms. Sweeney is not a participant or non-party expert, and permitted the plaintiffs to call both Mr. Will and Ms. Maitland-Carter as experts on Mr. Cardill’s standard of care, but not both Mr. Will and Ms. Sweeney on Mr. Good’s standard of care.
