Mentis v. Barnard

in which Chief Justice PHILLIPS, Justice GONZALEZ, Justice HIGHTOWER, Justice HECHT, Justice GAMMAGE, and Justice ENOCH join.

We consider trial court exclusion of the testimony of an expert witness on the grounds that he had not been designated “as soon as practical” under Rule 166b(6)(b) of the Texas Rules of Civil Procedure.

While crossing a street, Thelma Mentis was struck and killed by an automobile driven by John Barnard. Although suit was filed shortly after her death, the attorney who tried the case was not retained until about three months before trial. In response to discovery, that…