- 24 - b. Respondent’s Expert--Frank Lewis i. Admissibility of Respondent’s Expert’s Report Respondent’s expert at trial was Frank Lewis. Rule 143(f) provides that, unless otherwise permitted by the Court upon timely request, any party who calls an expert witness shall cause that witness to prepare a written report to submit to the Court and the opposing party not later than 30 days before the calendar call. Rule 143(f)(1). We will exclude expert witness testimony for failure to comply with the provisions of Rule 143(f) unless the failure is due to good cause, and the failure to comply with the Rule does not unduly prejudice the opposing party. Id. The Court granted respondent’s request at trial to designate Exhibits 12-L, T (pages 26-27), and Z as Lewis’ expert report. Exhibit 12-L is Lewis’ report dated January 31, 1990, describing his findings and recommendations concerning the earthquake damage to petitioner’s home after inspections on December 8, 1989, and January 19, 1990. The report includes about 25 photographs of the foundation of petitioner’s home. Pages 26 and 27 of Exhibit T are a letter dated June 13, 1990, from Lewis to Graham & Kellam, recommending that the floors of petitioner’s unit be leveled by removing, reconstructing, and stabilizing the pony walls and without jacking up her unit. Exhibit Z is Lewis’ curriculum vitae.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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