Jackson v. H. & S. Oil Company, Inc.

Brailsford, Justice.

I respectfully dissent from so much of the opinion of Justice Littlejohn as finds reversible error in the refusal of the trial judge to exclude the testimony of Dr. Solomon. As I read the opinion, it holds that the court was required to deny plaintiff the use of this important witness as a sanction for his violation of Circuit Court Rule 90.

In the first place, I find no such violation. Since Dr. Solomon was a stranger to plaintiff when his responses to the original interrogatories were served, the omission of his name from the list of prospective witnesses was…