Matulenas v. Venture Supply

By Judge Mary Jane Hall

The matter comes before the Court on Defendant’s Motion in Limine to exclude evidence of mortgage payments on homes that were unlivable as a result of the presence of Chinese drywall. Defendant claims that this element of damage was not disclosed in discovery responses provided in September 2012 and was only revealed in a supplemental response provided on Januaty 23, 2013. Defendant moves to exclude the evidence both because the claims were not timely disclosed and because mortgage payments are not compensable as an element of property damage.

The original discovery…