Gannett Outdoor Co. of Texas v. Kubeczka

OPINION

SEARS, Justice.

This is an appeal from a judgment for appellee for damages to her home caused when Appellant’s billboard fell during Hurricane Alicia. The controlling question is whether a party may call as a rebuttal witness a person who qualifies as an expert witness but has not been listed in pre-trial discovery as an expert witness who is expected to be called to testify. We believe it is proper. The judgment of the trial court is affirmed.

In August of 1983, during Hurricane Alicia, Appellant’s billboard, located on adjacent property, fell on Appellee’s house. Appellant tracked the…