Desjardins v. New England Motor Freight

Opinion

STATE OF MAINE SUPERIOR COURT YORK,SS. CMLACTION DOCKET NO. CV-14-178

BENJMYliN DESJARDINS and MARIANNA DESJARDINS,

Plaintiffs,

v. ORDER

NEW ENGLAND MOTOR FREIGHT and DARREN CASTONGUAY,

Defendants.

Plaintiffs bring claims for negligence and loss of consortium arising out of

a tractor-trailer accident that occurred on Interstate 95. Defendants have asserted

counterclaims for negligence. Before the court is plaintiffs' motion to extend the

deadline to designate an expert.

Plaintiffs wish to designate an expert as to liability after defendants

designate their expert in support of their counterclaim. Defendants oppose the

motion to extend the deadline on the grounds that plaintiffs have already

designated a liability expert to testify as to their case-in-chief. As the

countE!rclaim also concerns negligence, defendants assert that plaintiffs have no

compE!lling need to designate another expert on the same issue.

Because plaintiffs moved well before the deadline and defendants have

not alleged any prejudice will result, the court grants the plaintiffs' motion. See

Hutz 17. Alden, 2011 ME 27,

1 The clerk will make the following entry, by reference, on the docket

pursuant to Rule 79(a):

The motion to extend the expert designation deadline is hereby GRANTED.

SO ORDERED.

DATE: November 2, 2015

2 CV-15-64

ATTORNEYS FOR PLAINTIFF: BENJAMIN R GIDEON DOVSACKS BERMAN & SIMMONS PA PO BOX 961 LEWISTON ME 04243-0961

ATTOIU'Il"EY FOR DEFENDANT: KENNETH PIERCE MONAGHAN LEAHY LLP POBOX 7046 PORTLAND ME 04112-7046

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