Gleeson
MOUNT VERNON – Chief Judge Andrew Gleeson correctly barred testimony of orthopedic expert Peter Anderson as a sanction for discovery violations, Fifth District appellate judges ruled on Jan. 7.
They affirmed Gleeson’s entry of judgment on a jury verdict awarding about $130,000 to Tyree McKinney for injuries from a crash on Interstate 64.
The Justices blamed both sides for discovery breakdowns that left Anderson’s status uncertain as trial began.
Justice Judy Cates wrote, “Here, the parties placed the trial court between the proverbial rock and a hard place, a situation which was easily avoidable.”
McKinney sued Daniel Newgent in 2018, after Newgent’s vehicle struck the rear of McKinney’s vehicle while he sat in traffic.