Miller v. Iler

BILLINGS, Chief Judge.

A Phelps County jury denied recovery on plaintiff’s petition and defendant’s counterclaim for damages, allegedly resulting from a collision of two vehicles. Defendant appealed, claiming the court erred in not excluding the testimony of the investigating highway patrolman called by plaintiff because this witness had not been disclosed by plaintiff in answer to a continuing interrogatory filed by the defendant. We affirm.

Defendant’s interrogatory, reciting it was filed pursuant to the provisions of “Rule 56, V.A.M.R.,” asked for plaintiff to “State the name and address of…