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CHRISTIAN v. COUNSELING RESOURCE ASSOCIATES

No. 460, 2011.

60 A.3d 1083 (2013)

Joann F. CHRISTIAN, individually and as Administratrix of the Estate of Bruce J. Christian, Nicole C. Christian, Lyndsey M. Christian, and Bruce J. Christian, Jr., Plaintiffs Below, Appellants, v. COUNSELING RESOURCE ASSOCIATES, INC., a Delaware Corporation and J. Roy Cannon, LPCMH and Arlen Stone, M.D., individually and doing business as Abby Family Practice, and The Family Practice Center of New Castle, P.A., a Delaware Professional Association, individually and doing business as Abby Family Practice, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: January 2, 2013.

Revised: March 26, 2013.

Attorney(s) appearing for the Case

Albert M. Greto, Esquire (argued), Law Offices of Albert M. Greto, Esquire, Wilmington, Delaware, for Appellants. Of Counsel: Richard J. Heleniak, Esquire (argued), Messa & Associates, P.C., Philadelphia, Pennsylvania, for Appellants.

John A. Elzufon, Esquire (argued), and Andrea C. Rodgers, Esquire , Elzufon Austin Reardon , Tarlov & Mondell, P.A., Wilmington, Delaware for Appellees Counseling Resource Associates, Inc. and J. Roy Cannon, LPCMH.

John D. Balaguer, Esquire (argued), White and Williams LLP, Wilmington, Delaware for Appellees Arlen Stone, M.D. and The Family Practice Center of New Castle, P.A.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

BERGER, Justice:

In this appeal we again consider how to balance the strong policy in favor of deciding cases on the merits against the need to resolve the trial courts' high volume of cases in a timely manner. The trial court precluded appellants' experts from testifying at trial because appellants failed to provide the experts' reports in accordance with the trial scheduling order. Without any expert testimony, appellants...

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