Mitchell's Contracting Service, LLC v. Robert Guy Gleason, Sr., as Administrator of the Estate of Lorena Gleason

Summary

Justice Shaw dissented because she would not find that the defendant demonstrated an abuse of discretion in the denial of its motion for a new trial. She reasoned that the eyewitness was identified on the witness list six weeks before trial, the defendant had an opportunity to depose him, and the defendant failed to show how additional discovery would have caused prejudice. The dissent also questioned the earlier decision allowing undisclosed expert testimony under similar circumstances.