Bayer v. Payne

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that trial court abused its discretion in admitting, over objection, testimony \which flatly contradicted plaintiffs’ answers to interrogatories” because this testimony constituted \the kind of unfair surprise that ... the discovery process was intended to avoid”
• holding that trial court abused its discretion in admitting, over objection, testimony \which flatly contradicted plaintiffs' answers to interrogatories\ because this testimony constituted \the kind of unfair surprise that ... the discovery process was intended to avoid\
• evidence of a “constant state of disrepair” for one month was sufficient to create a jury question as to notice
• “Absent proof that a defendant’s conduct was a substantial factor in causing the injuries, a defendant is entitled to judgment.”
• “A trial court clearly has the power to exclude evidence willfully withheld by one party in violation of properly filed discovery requests.”
• discretion with respect to exclusion of unproduced evidence

Source: CourtListener parenthetical corpus (CC0).