Beyer v. Epstein

ACKERMAN, J.,

On December 5, 1996, this court entered summary judgment in favor of defendant, Alan L. Epstein M.D., and against plaintiffs, Herbert Beyer and Cleo Beyer, his wife. This appeal followed.

On November 20, 1996 (16 days before this trial on December 6, 1996), plaintiffs filed a petition for extraordinary relief to substitute Dr. Donald Myers for their expert, Dr. Myles Saunders, and to permit Dr. Myers to use his own report.

It will be helpful to set forth in detail this court’s reasoning on ruling on the said petition for extraordinary relief as follows:

“This matter has come before…