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Fields v. Dailey

6/14/1990

owever, the two and one-half years this matter was pending before trial constitutes a reasonable basis for the trial court's conclusion that defendants' supplemental response was untimely. Additionally, there is no indication in the record that plaintiff could have completed her discovery of this witness without significant hardship. Finally, there is no indication in the record that a continuance was practical, especially in light of the large number of witnesses that were scheduled to appear. In light of these factors, no abuse of discretion is present. Cf. Price, supra. Accordingly, defendants' fifth assignment of error is overruled.


Having overruled all assignments of error, the judgment of the court of common pleas is affirmed. This cause is remanded to the trial court for a new trial on the issue of damages alone.


Judgment affirmed and cause remanded.


STRAUSBAUGH and WHITESIDE, JJ., concur.


LYLE W. CASTLE, J., retired, of the Twelfth Appellate District, sitting by assignment.




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