Hill v. DuShuttle

BERGER, Justice:

In this appeal we consider whether the Superior Court abused its discretion by dismissing a “trip and fall” case because *404appellant failed to file an expert report. Appellant’s counsel did provide medical records, but insisted that a formal expert report was unnecessary because such a report would provide no additional information. Counsel’s stubborn refusal to appreciate that an expert report had to be filed is difficult to understand. But the sanction of dismissal was inappropriate under the circumstances. The claim appeared to have merit; there was time to submit the report…