Shirley Buckley v. Jackson Radiology Associates, P.A.

Syllabus

This is a healthcare liability/wrongful death case. Appellees, healthcare providers, alleged that appellant abused the discovery process in failing to make her expert available for deposition within the time set by the trial court's scheduling order. Appellant moved for amendment of the scheduling order and for continuance of the trial date. The trial court denied appellant's motions and granted appellees' motion to exclude appellant's expert. The exclusion of appellant's expert resulted in the trial court granting appellees' motion for summary judgment, thus dismissing appellant's lawsuit. Under the circumstances, the trial court's exclusion of appellant's expert (and the resulting dismissal of her lawsuit) was too harsh a punishment. Vacated and remanded.