Johnson v. Michino CA2/6
Plaintiff Jeremy Johnson was riding his motorcycle when he was struck by an automobile driven by defendant Tomoe Michino (Mrs. Michino). A jury found in favor of Johnson, who was severely injured, and awarded him $2,434,264.85 in damages. Mrs. Michino and her husband, defendant Mitch Michino (Mr. Michino), contend on appeal that the trial court abused its discretion by denying their pre-trial motion to continue the trial and to reopen discovery. They claim that if they “had been allowed even a short continuance to conduct discovery and designate experts, they would have been able to present expert testimony to rebut [Johnson’s] claims, including [Johnson’s] claims related to his speed at the time of the accident, and to otherwise prepare for trial.”
We conclude that because the Michinos’ motion to continue the trial and to reopen discovery did not include a request to extend the time for designating expert witnesses, that issue was not before the trial court.
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