Martinez v. City of Poway

Opinion

BENKE, Acting P. J.

In this case the trial court prevented plaintiff’s traffic expert from offering any testimony about reconstruction of the accident in which plaintiff was injured. We reverse because there is no dispute the expert was qualified to give reconstruction testimony and the record discloses the expert’s identity was disclosed, along with a description of his proposed testimony, within the time required by Code of Civil Procedure 1 section 2034. In particular we reject the defendants’ contention the exclusion sanction provided by section 2034, subdivision (j), may be…