Playing With Sharks Part 8 - No, That's Not How That Works Bucko

So our valiant Pro Pers persist in stupidity.

First, they screwed up how they filed their objections, as we talked about in Part 7, so those couldn't be heard today. This is annoying as again, the Court doth bend over backwards for pro pers and it will have to be set for another date.

But in the meantime, Plaintiff filed two motions last Wednesday.

One was to adjourn the trial so he could add a third expert witness and add medical records material he has never produced before, and indeed we only saw a part of it attached to his motion.  Did I mention he was required to produce that before?

The other motion was to exclude my expert witness because it took forever for the health system to release the records to me due to Plaintiff's failure to sign a release of those records.

Anyone notice the cognitive dissonance in those two motions?

I sure did, and so did the court.

Plaintiff claimed he was surprised by the report, because it points out he's BSing and his claim really doesn't work medically, so per his point of view the report should be excluded and my expert shouldn't be allowed to testify.

I pointed out that:

1.  I listed the expert on my expert list back in May 2022.

2. The expert examined Plaintiff in person on June 6, 2022 so Plaintiff actually met him and clearly knew of him.

3. Plaintiff, by failing to sign the medical release he was required to sign at the time of the appointment, caused the delay.  I had no idea he hadn't signed it and it took until November for the medical system to finally tell me why they refused to produce it, and then took days for him to sign a release and the medical records were finally produced in December - and, for all I know, Plaintiff already had them and was sitting on them as they were less than complimentary to his claims.

4.  To top it all off, hilariously, Plaintiff had listed my expert on his expert list in May 2022.

As such, I noted Plaintiff really couldn't claim he was surprised that my expert was involved. I also noted he really can't add a third expert now long after the May expert cut off, nor keep producing medical records that he had held back and not produced to me, nor anyone else, until a snippet appeared last week in his motion.

The court agreed and denied both his motions.  Sadly, yet again, no sanctions for this nonsense. 

This trial will indeed be lit.