Legal Opinion

Burrhus v. M&S SUPPLY, INC.

Texas Court of Appeals, 4th District (San Antonio)

Decided October 23, 1996No. 04-94-00196-CVPublishedCited by 23 opinions

1Opinion of the Court

OPINION

DUNCAN, Justice.

The principle issue presented by this appeal is one of first impression — whether a trial court is required to exclude the testimony of a party’s expert witness when the party fails to give notice that its expert will attend the deposition of the opposing party’s expert. We hold that, while notice is required by Rule 200(2)(a), Tex.R.Civ.P, 1 the trial court acted within its discretion in denying the motion to exclude the expert’s testimony in this case. We therefore affirm the judgment.

Facts

On September 6, 1990, Terralle Burrhus was killed in a gas explosion at a…

2Cases cited16 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Cain v. BainTexas Supreme Court · 1986
  3. TransAmerican Natural Gas Corp. v. PowellTexas Supreme Court · 1991
  4. Chrysler Corp. v. Honorable Robert BlackmonTexas Supreme Court · 1992
  5. Southwestern Bell Telephone Company v. JohnsonTexas Supreme Court · 1965

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3Cited by23 opinions

  1. Banda v. Garcia Ex Rel. GarciaTexas Supreme Court · 1997
  2. Drilex Systems, Inc. v. FloresTexas Supreme Court · 1999
  3. Aluminum Chemicals (Bolivia), Inc. v. Bechtel Corp., Texas Court of Appeals, 6th District (Texarkana)2000
  4. In Re Rio Grande Valley Gas Co., Texas Court of Appeals, 13th District1999
  5. Paine v. Sealey, Texas Court of Appeals, 14th District (Houston)1997

18 more not listed; retrieve them via the Exa API.

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