Barbara Ann Tudyman - Page 24

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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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