Beach v. State Farm Mutual Automobile Insurance

I concur in part and dissent in part. I join in the majority opinion in parts i, in, iv, v, VI, vn, and vm, but dissent with respect to part n, with regard to which I would affirm the decision of the trial court.

*631In finding an abuse of discretion for failure to sanction plaintiffs counsel, the majority cites a delay of little more than two weeks’ time between receipt by plaintiff’s counsel of Dr. Shiener’s report, November 18, 1993, and the furnishing of that report to defense counsel on December 2, 1993. In the course of preparing for trial, such a delay is not unreasonable and does not…