The defendant radiologist moved for summary judgment dismissing the medical malpractice claim against him, arguing the plaintiffs failed to tender expert opinion evidence on causation.
The plaintiffs cross-moved for leave to admit late-served expert reports from a gastroenterologist and a radiologist.
The court granted the plaintiffs leave to admit the late reports, finding that their exclusion could cause a miscarriage of justice and the defendants would not suffer undue prejudice given the trial's adjournment.
Relying on the newly admitted expert evidence regarding standard of care and breach, the court dismissed the defendant's summary judgment motion, concluding that a genuine issue requiring a trial existed and that an inference of causation might be drawn at trial.
The issue of costs thrown away due to the trial's adjournment was reserved to the trial judge.
