Supreme Court of Louisiana, 1992

Bolden v. Elray Kocke Services, Inc.

Bolden v. Elray Kocke Services, Inc.
Supreme Court of Louisiana · Decided November 6, 1992
606 So. 2d 524; 1992 La. LEXIS 3325; 1992 WL 323712 (Southern Reporter, Second Series)

Bolden v. Elray Kocke Services, Inc.

Opinion of the Court

PER CURIAM.

Application granted.

Plaintiff had a duty to supplement his answers to interrogatories calling for the names of his expert witnesses, and the trial judge arguably did not abuse his discretion in denying plaintiffs motion for continuance after striking plaintiffs unlisted expert as a witness. Nevertheless, the matter did not go to trial as scheduled (although the trial judge could have required plaintiff to seek supervisory writs without delying the trial). Since the delay removed any prejudice to defendant and since the judge and the attorneys did not follow the usual pretrial procedure in this case, it is no longer appropriate to prohibit use of plaintiffs expert witness.

Accordingly, the ruling of the trial court is set aside, and the case is remanded for further proceedings after affording defendant the right to depose plaintiffs witness prior to trial.

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