2 total
Motion to abridge time for late service of expert report granted due to counsel's inadvertence.
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.
Motion to compel production of records from a prior accident dismissed based on marginal relevance and proportionality.
The defendants brought a motion to compel the plaintiff to answer refusals relating to a prior motor vehicle accident from 2004.
The plaintiff had already produced medical records for four years prior to the subject 2012 accident, which showed the prior injuries had largely resolved.
The court dismissed the motion, finding the requested 2004-2008 records were of marginal relevance and their production would offend the principle of proportionality.
The defendants were ordered to pay costs of $1,500.
