The plaintiffs brought a motion for leave under Rule 39.02(2) to rely on a late expert engineering report in response to a pending summary judgment motion brought by the defendant property owners.
The defendants opposed the admission of the report, arguing it was produced after cross-examinations were completed and years after the incident.
The court granted leave, finding the report relevant, responsive to issues raised in cross-examination, and that its admission would not cause non-compensable prejudice to the defendants.
The plaintiffs were ordered to pay $5,000 in costs on a set-off basis for costs thrown away.
