Fatica

Petitioners Tom and Nancy Fatica brought a personal injury action against Thomas Liljegren for injuries sustained in an automobile accident. Trial in this matter started this past Monday, June 10, 2002. Yesterday, June 12, 2002, petitioners filed this petition. We immediately stayed trial on the filing of the petition because it appeared from the petition that the superior court had erred in granting Liljegren’s motion in limine. In addition, the order deprived petitioners of a fair and reasonable opportunity to present a substantial portion of their case, and petitioners would be severely prejudiced if we did not intervene. (See Omaha Indemnity Co. v. Superior Court (1989) 209 Cal.App.3d 1266, 1273-1274 [ 258 Cal.Rptr. 66 ].)

The pertinent facts are not complicated. Several months before trial, petitioners went to an orthopedic surgeon, Richard Mulvania, for treatment and ultimately back surgery. In accordance with Code of Civil Procedure section 2034, Mulvania was timely designated by petitioners as one of the expert witnesses they intended to call at the time of trial. (The other three experts are a vocational specialist expected to testify regarding loss of earnings,…