Smith v. Central Vermont Hospital, Inc.

Reiber, J.,

¶ 16. dissenting. After carefully reviewing the facts in the record, I cannot agree that the trial court abused its broad discretion by excluding plaintiff’s untimely affidavit in this close case.

¶ 17. Although plaintiff has only appealed from the entry of summary judgment, the majority concludes that the superior court abused its discretion by excluding an untimely affidavit containing new discovery material. The Court reaches this conclusion on either of two alternative grounds. First, it assigns error to the trial court’s finding that Dr. Sumner’s later affidavit contained new…