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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.
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