HILL v. DuSHUTTLE

No. 381, 2011.

58 A.3d 403 (2013)

James HILL, Jr., Plaintiff Below, Appellant, v. Richard P. DuSHUTTLE, M.D., Richard P. DuShuttle, M.D., P.A., Kahn Professional Properties, LLC, Ronald Kahn, Dover Medical Center Condominium Association of Owners, Inc., William M. Kaplan, M.D., Central Delaware Gastroenterology Associates, P.A., and Central Delaware Endoscopy, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: January 2, 2013.


Attorney(s) appearing for the Case

Nicholas H. Rodriguez, Esquire (argued), Schmittinger & Rodriguez, P.A., Dover, Delaware, and Ben T. Castle, Esquire , Hudson & Castle Law, LLC, Wilmington, Delaware for Appellant.

Philip T. Edwards, Esquire , Murphy & Landon, Wilmington, Delaware for Appellees Richard P. DuShuttle, M.D., Richard P. DuShuttle, M.D., P.A., Kahn Professional Properties, LLC, Ronald Kahn, Dover Medical Center Condominium Association of Owners, Inc.

Sandra F. Clark, Esquire (argued), Reger Rizzo & Darnall, LLP, Wilmington, Delaware for Appellees William M. Kaplan, M.D., Central Delaware Gastroenterology Associates, P.A., and Central Delaware Endoscopy.

Before STEELE, Chief Justice, BERGER, Justice and NOBLE, Vice Chancellor.


BERGER, Justice:

In this appeal we consider whether the Superior Court abused its discretion by dismissing a "trip and fall" case because appellant failed to file an expert report. Appellant's counsel did provide medical records, but insisted that a formal expert report was unnecessary because such a report would provide no additional information. Counsel's stubborn refusal to appreciate that an expert report had to be filed...

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