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Pang v. Minch8/29/1990
Sweeney, J.
We will first consider the contention of appellant Minch concerning the trial court's denial of her motion in limine seeking to foreclose consideration of the testimony of Dr. Kaufman by the jury. The basis for the motion was the alleged noncompliance by appellees with former Loc. R. 21 of the Cuyahoga County Common PleasCourt. Promulgation of the rule is authorized by Civ. R. 16, which provides in relevant part:
"A court may adopt rules concerning pretrial procedure to accomplish the following objectives:
"* * *
"(6) The exchange of medical reports and hospital records[.]"
Former Loc. R. 21 provided in relevant part:
"For the purpose of insuring the readiness of cases for pretrial and trial the following shall be in effect.
"A pretrial conference shall be conducted in all civil cases prior to being scheduled for trial, except in actions for injunctions, foreclosures, marshalling of liens, partition, receiverships, and on appeal from administrative agencies. In addition, the judge assigned the case may, for good cause shown at a hearing prior to trial, waive pretrial requirements stated herein and make such orders he deems just relative to discovery or pretrial proceedings." (Emphasis added.)
With respect to pretrial statements, Loc. R. 21, Part I, provided as follows:
"(A) At least one week prior to the scheduled pretrial hearing, counsel for both sides shall completely execute and file a separate Pretrial Statement in the Central Scheduling Office on behalf of their respective clients and serve a copy of it on all opposing counsel. * * *
"(B) The Pretrial Statements will recite a brief description of the case and the injuries involved, will list item by item, the ascertainable damages such as medical expenses, lost earnings, property damage, etc., will indicate the status of depositions and physical examinations, and reflect the lowest demand and highest offer. Since Ohio Civil Rule 16 authorizes the Court to require counsel to exchange the reports of medical and expert witnesses expected to be called by each party, each counsel shall exchange with all other counsel the written reports of medical and expert witnesses he expects to testify and the Pretrial Statements shall indicate compliance with this provision. Should a party intend to call an expert witness and has not procured a written report from said witness, he shall so indicate such fact in his pretrial statement stating the name and address of the expert and the subject of his expertise together with the reason for his non-receipt of such report.
"(C) Expert witnesses whose reports have not been furnished to opposing counsel prior to a pretrial held within sixty (60) days before trial, will not be permitted to testify at the trial, except where a party has not received a written report from such expert witness but has fully complied with Item (B) hereof." (Emphasis added.)
In the case at bar, Dr. Kaufman did not prepare a medical report regarding the injuries to Gordon Pang. Accordingly, pursuant to former Loc. R. 21, Part I(C), actual production of a report was not required. Nevertheless, it is urged by appellant Minch that appellees failed to comply with the requirement of Loc. R. 21, Part I(B), that they include within their pretrial statement the name and address of the expert, the subject of his expertise and the reason for non-receipt of the report.
As early as the November 13, 1986 deposition of Gordon Pang, counsel for at least one of the appellants was aware that Pang had been treated by Kaufman. This info
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