Is Dismissal of a Case Allowed If Expert Isn’t Disclosed?

A Michigan plaintiff was injured when his car was struck by a vehicle driven by the defendant in a T-bone crash. Plaintiff brought a third-party case against Defendant and the owner of her car, combined with a first-party claim against Defendant Insurance Company. The third-party case was settled. At issue was the trial judge’s dismissal of Plaintiff’s first-party no-fault case as a sanction for his failure to designate an expert witness and to supplement its production of the medical bills at issue.  

The parties engaged in discovery, and in January 2017, Plaintiff submitted answers to the Insurance Company‘s interrogatories and attached a number of unpaid medical bills. Plaintiff promised to “supplement” the filing, but never did so after changing attorneys. Although Plaintiff filed a witness list, he didn’t identify a retained expert. However, his six-page witness list did include the names of physicians who provided him with medical care for his accident-related injuries. 

Insurance Company‘s claims adjuster for Plaintiff‘s case compiled a file, and that file was produced for trial. The file included a report written to Insurance Company by an independent medical examiner confirming that Plaintiff‘s injuries were related to his accident.  

Read more at ForensisGroup.