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WALSH v. BENNETT

Record No. 991993.

530 S.E.2d 904 (2000)

Raymond William WALSH v. Dean R. BENNETT, M.D.

Supreme Court of Virginia.

June 9, 2000.

Attorney(s) appearing for the Case

Ray J. Walsh, Springfield, for appellant.

Tara M. McCarthy (Joyce A.N. Massey; McCarthy & Massey, on brief), Manassas, for appellee.

Present: All the Justices.

KINSER, Justice.

In this appeal, we decide whether the trial court abused its discretion when it struck plaintiff's designation of his expert witness for failure to comply with an order to provide discovery. Because the court took this action prior to a deadline that it had previously established for plaintiff to make his expert witness available for a deposition, we conclude that the court abused its discretion and will therefore reverse the judgment of the circuit...

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