Smith v. Murphy

Court was within its discretion in barring Plaintiff from using, in response to motion for summary judgment, affidavit of new expert who was not disclosed until three months after discovery was closed, as sanction for violation of discovery rules and discovery orders. Court properly considered factors of surprise to adverse party, prejudicial effect, nature of testimony, diligence, timeliness of objection, and good faith.(CONNORS and FITZGERALD-SMITH, concurring.)