In a personal injury trial arising from a motor vehicle accident, the plaintiff sought leave to adduce a late-served loss of income expert report.
The court denied leave under Rule 53.08, finding no reasonable explanation for the delay and prejudice to the defendants.
During the trial, a voir dire revealed that the plaintiff's law firm had retained medical experts through an assessment company owned by the spouse of the firm's principal lawyer.
The assessment company had also significantly marked up the expert's invoice.
Finding an egregious and undisclosed conflict of interest that breached the duty of loyalty, the court declared a mistrial.
