Clifford v. Crop Production Services, Inc.

In action alleging that defendant was negligent in mixing glyphosate into special blend of herbicide that plaintiff used on his corn crop, Dist. Ct. did not err in granting defendant's motion for summary judgment after excluding plaintiff's expert witness and concluding that plaintiff could not prevail without said testimony. Plaintiff had failed to timely disclose his expert witness, and although plaintiff argued that untimely disclosure was harmless, plaintiff waived said argument for failing to raise it in Dist. Ct. Moreover, expert's testimony, which failed to identify source of glyphosate, could not have established plaintiff's negligence claim where expert could not identify defendant as source of glyphosate or offer any testimony that defendant breached any duty of care.