True
True v. Shank
Opinion
Lead Opinion
Ward, J.
Plaintiffs and appellants Martin Cecil True and Nannette True, husband and wife, 1 appeal from a judgment entered in favor of defendants Donald H. Shank, Debra C. Shank, Keller Industries, Inc. (Keller) and Kmart Corporation (Kmart) 2 and against plaintiffs, after the trial court granted defendants’ motion for nonsuit. Plaintiffs contend that the trial court erred by (1) granting defendants’ motions in limine to exclude plaintiffs’ expert witness testimony at trial, and (2) denying plaintiffs’ request for a continuance to complete discovery. We find no error, and we affirm the judgment.
Factual and Procedural History
On February 16, 1994, Martin True fell from a ladder at a property owned by the Shanks. The ladder was manufactured by Keller and sold by Kmart.
On February 6, 1995, plaintiffs filed suit against defendants for negligence, premises liability, products liability and loss of consortium.
On November 25, 1998, plaintiffs designated Dr. Mark Greenspan and Paige Eskridge as experts retained to testify at trial. On December 2, 1998, pursuant to Code of Civil Procedure 3 section 2034, the Shanks noticed expert witness depositions for Dr. Greenspan and Eskridge.…