Greenlight Financial Services v. Internet Brands CA4/3

INTRODUCTION

Appellant Internet Brands, Inc., has identified two issues in this appeal. The first is whether the discovery rule was appropriately applied in this breach of contract case. The second is whether an expert report prepared for respondent Greenlight Financial Services, Inc. (Greenlight) was properly employed. Internet Brands contends the discovery rule was improperly applied because the facts pertaining to this breach were easily ascertained, and the expert’s report was riddled with errors and should have been excluded. We note the expert report was not admitted into evidence. The expert used it on the stand to explain the basis of his opinions – along with some other documents that were admitted without objection – but the report itself never became a trial exhibit. Internet Brands did not object to its use during the expert’s direct testimony, so there is no basis here for reversal. As to the application of the discovery rule, this was an issue of fact the jury decided in Greenlight’s favor. We do not reweigh evidence or substitute our conclusions for those of the jury, except in the most egregious cases. This is not one of those cases. We therefore affirm the…