Roache, et al. v. Charney, et al.Annotate this Case
Plaintiff filed a complaint against defendant, alleging that she suffered injuries when defendant rear ended her car. The trial court held that plaintiff failed to state an opinion on causation and denied a request for a 24 hour continuance to clarify the expert's report. Plaintiff appealed on two grounds: (1) the expert report was sufficient to survive the motion for summary judgment; and (2) the trial judge abused his discretion by denying the continuance. The court held that, although plaintiff's expert failed to provide an opinion on causation, the trial judge abused his discretion by refusing to grant the 24 hour continuance. Without a continuance to obtain clarification on the expert testimony, plaintiff suffered prejudice in the form of a final judgment dismissing her claim. Accordingly, the court reversed the judgment.