Factor v. Bicycle Technology Inc.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

An expert in bicycle accident reconstruction testified, beyond the scope of his pretrial report, that he believed the front wheel of the bicycle he examined was not the wheel that was on the bicycle at the time of the accident. Plaintiffs-appellants moved to strike the expert’s testimony. The trial court denied the motion, and appellants elected not to move for a mistrial. The jury returned a verdict for defendant-appellee. The trial court denied appellants’ post-trial motion for a new trial, and the Superior Court affirmed. The issue is whether the…