Everett ex rel. Jones v. Morrison

FRANK CONLEY, Special Judge.

Plaintiffs brought suit in two counts for personal injuries sustained when plaintiff, William Toby Everett, was struck by defendant’s automobile on August 16, 1968. A jury found for defendant and plaintiffs appeal.

The single question presented on appeal involves the refusal by the trial judge to permit plaintiffs to use a witness who had not been disclosed by answer to interrogatories without granting defendant a continuance on his claim of surprise. We limit our facts to those relating to this issue.

Defendant served interrogatories on plaintiffs requesting, among…