The defendants brought a motion at the commencement of trial to exclude a late-served expert radiology report from the plaintiff.
The plaintiff argued the report was necessary for a fair determination on the merits, as it analyzed actual CT images rather than relying on previous radiology reports.
The court found the evidence relevant, probative, and necessary.
The court granted leave to admit the late-served report and adjourned the trial to allow the defendants to obtain a responding radiologist's report.
