Ludwig

INTRODUCTION

Arlene Ludwig, an elderly woman, tripped and fell over a single step at the D’Cache restaurant, causing her serious injury. She sued the restaurant’s owner, Hacienda Paraiso, and Hacienda Paraiso’s principals, Jairo and Nancy Gamba, for negligence, and recovered, after a court trial, almost $10 million. This appeal, however, is not so much about the facts of the case or conduct of the parties. It is primarily about the conduct of the lawyers. The lawyers engaged in lengthy discovery disputes that delayed the trial. In addition, Hacienda Paraiso and the Gambas filed serial petitions for bankruptcy, which caused further delays.1 Although each side timely designated expert witnesses, Ludwig did not complete the depositions of Hacienda Paraiso’s experts. Ludwig claimed that Hacienda Paraiso did not make its liability and damages experts available for deposition before the expert discovery cut-off. After several trial continuances and the exchange of many contentious letters among counsel, the trial court granted Ludwig’s motions in limine to exclude five of Hacienda Paraiso’s experts. We conclude the trial court abused its discretion in excluding Hacienda Paraiso’s…