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Dixon v. Batson

Superior Court of Delaware, Kent

July 30, 2015

RONALD DIXON, JR. and KELLY DIXON, Plaintiffs,
v.
PLEASANT BATSON, JR. d/b/a BATSON'S HARNESS SHOP, Defendant, JACK'S MANUFACTURING, INC., a foreign corporation, Third-Party Defendant.

Submitted: July 20, 2015

Upon Consideration of Defendant's Motion for Reconsideration of Commissioner's Order GRANTED.

Gregory S. McKee, Esquire, Laura S. McConnell, Esquire, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, Delaware, and Pro Hac Vice Michael S. Rubin, Esquire, Wharton Levin Ehrmantraut & Klein, P.A., Annapolis, Maryland for Plaintiffs.

Megan T. Mantzavinos, Esquire, and Marc Sposato, Esquire, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, Delaware for Defendant.

Paul D. Sunshine, Esquire, and Lisa M. Grubb, Esquire, McGivney & Kluger, P.C., Wilmington, Delaware for Third-Party Defendant.

ORDER

ROBERT B. YOUNG, J.

SUMMARY

Ronald Dixon ("Mr. Dixon, and, together with Kelly Dixon, "Plaintiffs") avers that he purchased a faulty horse bit from Pleasant Batson, Jr. ("Defendant"). Plaintiffs further allege that Mr. Dixon was injured, when that bit came loose from a horse, following which Mr. Dixon fell out of a cart being drawn by said horse.

In pursuing their negligence suit against Defendant, Plaintiffs have indicated they will present the expert testimony of three healthcare providers, who were all Mr. Dixon's treating physicians at one point or another. A lengthy discovery dispute has arisen, concerning the expert disclosures of these three medical professionals. Defendant takes issue with the fact that none of the three experts has submitted an expert report, and that Defendant has not been provided their curricula vitae. Further, Defendant contends that the disclosures that have been provided, fail to put him on notice of the substance or bases of these expert opinions.

After reviewing the expert disclosures provided by Plaintiffs through the discovery process, the Court deems these disclosures to be insufficient to meet the requirements of Superior Court Civil Rule 26. Therefore, Plaintiffs are to augment their disclosures.

FACTS AND PROCEDURES

Plaintiffs filed suit against Defendant, on October 2, 2013, seeking to recover damages as a result of Mr. Dixon’s purported syncope, concussion and visual disturbances. Since that time, the parties have engaged in extensive discovery. During the discovery process, controversy has arisen concerning Plaintiffs’ expert disclosures – in particular, the disclosures of three medical providers, who are said to have been Mr. Dixon’s treating physicians.

Dissatisfied with the disclosures received, Defendant filed a motion to compel, heard by Commissioner Freud, on February 26, 2015. Prior to this hearing, supplemental disclosures were filed by Plaintiffs. However, Defendant was not satisfied with the information received. Commissioner Freud suggested that the desired information concerning these three experts be obtained through interrogatories. Following Defendant's filing of interrogatories, Plaintiffs moved for a protective order. Commissioner Freud, again, heard argument concerning these matters, on June 25, 2015. At that time, Defendant requested that Plaintiffs provide curricula vitae and expert reports. The Commissioner ordered Plaintiffs to provide more information regarding ...


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