Phung v. Waste Management, Inc.

I

We must first determine whether the trial court abused its discretion when it denied Dr. Phung’s request to present the testimony of his sister, Betsy Phung, and his first wife, Faye Phung, to rebut the testimony of WMI’s expert witness, Dr. Elissa P. Benedek. For the following reasons, we conclude that the trial court abused its discretion.

A

When Dr. Phung’s counsel indicated he would be calling the two witnesses, counsel for WMI objected, contending that the witnesses’ rebuttal testimony would be cumulative and, thus, unnecessary. Additionally, WMI argued that Dr. Phung was precluded from…