In a subrogated action for property damage caused by a leaking reverse osmosis system, the defendant Aquasoft moved to compel answers to undertakings and refusals, and for disclosure of foundational information relied upon by the plaintiff's experts.
The plaintiff cross-moved to compel Aquasoft to produce a representative for discovery and for a further and better affidavit of documents.
The court dismissed the defendant's request for foundational expert information, holding that under Rule 31.06(3), only findings, opinions, and conclusions are required at the discovery stage, while foundational data is not required until an expert report is served under Rule 53.03(2.1).
The court ordered the plaintiff to answer certain undertakings and refusals, and granted the plaintiff's cross-motion, ordering Aquasoft to produce a representative for discovery and serve a further and better affidavit of documents regarding pre-2014 invoices.
Costs were awarded to the plaintiff.
