The plaintiff brought a motion to abridge the time for service of a cost of care expert report, which was served 34 days before the pre-trial conference instead of the required 90 days under Rule 53.03(1).
The defendant opposed the motion, arguing there was no reasonable explanation for the delay and that admitting the report would cause prejudice.
The court granted the motion, finding that plaintiff's counsel provided a reasonable explanation of inadvertence due to a busy practice, and that the defendant would not suffer non-compensable prejudice given the trial was still 14 months away when the report was served.
