Douglas v. Burley
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James A. Burley filed a wrongful-death action on June 7, 2004, for the deaths of his daughter and grandchildren resulting from a vehicular accident between his daughter and an employee of Yazoo Valley Electric Power Association (collectively "YVEPA"). During the course of discovery, YVEPA attempted to determine whether Burley would support his theory of liability with expert testimony. Following two motions to compel for Rule 26(b)(4)1 disclosures, Burley's withdrawal of his liability expert, the close of discovery, and four trial settings, Burley supplemented his interrogatory response with a new liability expert on October 7, 2010. YVEPA then moved to strike Burley's designation as untimely and substantively insufficient. The trial court allowed the designation and moved the trial to its fifth setting. Aggrieved by the trial court's order, YVEPA filed an interlocutory appeal. Finding the trial court abused its discretion, the Supreme Court reversed the judgment and remanded the case for a trial without the plaintiffs' expert testimony on liability.
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