Johnson v. Pace, NO. 2012-CA-01732-SCT
Gaye Nell Currie and Rex M. Shannon III successfully defended the appeal of the trial court’s grant of summary judgment in favor of our client, Dr. William Pace.
In a unanimous decision, the Mississippi Supreme Court affirmed the trial court’s decision. The Court held that plaintiff’s have a continuing duty to supplement their interrogatory responses with the appropriate information regarding their experts.
Furthermore, the Court made clear that summary judgment may be appropriate at any time. A court-ordered expert designation deadline is not required and the 60-day reference in Rule 4.04(A) of the Uniform Rules of Circuit and County Court is not relevant when determining if summary judgment is appropriate for failure to disclose an expert.