W.M. Barr & Co., Inc.’s motion for sanctions precluding plaintiff from introducing expert testimony is granted. The lawsuit stems from Plaintiff’s purchase and use of W.M. Barr’s glue remover, Goof Off, to remove glue from her kitchen floor tiles. Plaintiff allegedly poured Goof Off on her kitchen floor to allow it to soak in. As plaintiff began to remove the glue using a scraper, plaintiff alleged that the Goof Off product ignited causing burn injuries to plaintiff’s legs.
Due to Plaintiff’s discovery deficiencies and violation of court orders, W.M. Barr moved for sanctions. After plaintiff failed to sure her numerous discovery lapses, the Court granted W.M. Barr’s motion for sanctions.
Judge Parker wrote that “Plaintiff has failed to comply with discovery deadlines and the Court’s orders throughout this litigation. Even when the Court gave Plaintiff additional chances to comply by extending deadlines nunc pro tunc, Plaintiff failed to comply. Lesser sanctions would not be adequate to address the discovery abuses, given the critical role of expert reports in this case and the prejudice to Defendant in being unable to formulate a full defense in the absence of a timely expert report. It is solely within Plaintiff’s power to produce the expert report in support of her claim. The Court also warned Plaintiff’s counsel that sanctions could be imposed by further violations, including if he failed to comply with the expert discovery deadlines. Nonetheless, Plaintiff did not heed that warning.”
The Court granted W.M. Barr’s Motion for Sanctions precluding plaintiff from relying on or introducing any expert reports in response to Defendant’s motion for summary judgment or at trial. The Court also granted W.M. Barr’s request for attorneys’ fees and costs. A link to the decision can be found here.
The Littleton Park team was led by partner Michael H. Bai and associate Collin Crecco.
