Eagan v. Marr Scaffolding Co.

(1) It was within the discretion of the trial judge to permit substitute expert witnesses to testify on the plaintiff’s behalf even though supplementation of interrogatories required by Mass.R.Civ.P. 26(e)(1), 365 Mass. 776 (1974), did not occur until shortly before and during trial, where defendant long had notice of the substance of the testimony expected, where defendant had an opportunity to — and did — depose each witness before testimony was presented, and where no bad faith was shown on the part of the plaintiff. See 8 Wright & Miller, Federal Practice and Procedure § 2050 (1970). See…