By The Law Offices of John Day, P.C. on Mar 21, 2025 06:11 am
Where an HCLA plaintiff failed to provide deposition dates for her expert witness by the deadline listed in the scheduling order, but she filed a motion to revise the scheduling order on the day of the deposition deadline, exclusion of the plaintiff’s expert was too harsh a sanction and was vacated. In Buckley v. Jackson Radiology Associates, P.A., No. W2023-01777-COA-R3-CV (Tenn. Ct. App. Feb. 21, 2025), the plaintiff filed an HCLA suit in 2016. Due to a motion for a qualified protective order, the case was stayed pending the outcome of a separate case. After the stay was lifted, the trial court set a scheduling order in September 2021. This scheduling order was later modified to require the plaintiff to disclose her expert by February 13, 2023, and to have all expert depositions completed by June 12, 2023. The plaintiff disclosed Dr. Esposito on February 13, 2023. Counsel for the defendants immediately requested available deposition dates. According to the defendants, they requested deposition dates several times and received no response from the plaintiff. The plaintiff explained in her appellate brief that Dr. Esposito’s wife filed for divorce during this time and he did not cope well, causing the scheduling issues.
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