MIZEL

I. Introduction

Respondent and plaintiff Gerald Mizel (Mizel) slipped and fell on a unidirectional access ramp. He suffered severe and permanent injuries. He sued appellants and defendants the City of Santa Monica (the City) and Shutters bn the Beach (Shutters). During trial, the trial court refused to permit defendants’ undisclosed expert to testify for impeachment purposes. (Code Civ. Proc., § 2034, subd. (m).)

The matter proceeded, the jury deliberated, and thereafter rendered a verdict on special verdicts, that appeared to be inconsistent. The trial court explained to the jury what it perceived as the inconsistency and directed the jury to discuss the matter to determine if additional instruction was required. If no additional instruction was required, the court further instructed the jury to make any adjustments to the special verdicts as the jury deemed necessary. Thereafter, the jury rendered a verdict in favor of Mizel, from which defendants appeal.

In the published portions of this opinion, we conclude that the trial court’s evidentiary ruling was correct. We also conclude that the trial court did not err in providing additional instruction to the jury after…