As the year draws to a close, LT lawyers just keep on winning. On December 14 the Western Section of the Tennessee Court of Appeals issued its decision in Weatherspoon v. Minard, a malpractice action that was defended by Chris Vescovo and Jonathan May.
In trial court, Chris and Jonathan moved to exclude the plaintiff’s standard of care expert for his failure to produce financial documents concerning his income. The trial court granted the motion, and excluded the expert five …days before the scheduled trial date. Plaintiff requested leave to employ a new expert on the eve of trial, which the trial court denied.
The trial court ultimately granted a motion by Chris and Jonathan to dismiss the plaintiff’s case because of the failure to support it with expert testimony.
On appeal, the plaintiff argued that the trial court had abused its discretion in disallowing the delay in identification of a new expert witness and dismissing the case.
We congratulate Chris and Jonathan on a great victory to close out 2015.