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Resident fell while using a walker at the nursing home and was "impaled on the basket hook." After the fall, he needed surgery, suffered a heart attack and died. The Estate brought an action contending the walker was defective. Plaintiff failed to disclose an expert witness before the discovery and Defendant moved to bar Plaintiff from using the expert. The court agreed that Plaintiff's disclosure was untimely and granted the motion. The court then found that expert testimony was required and granted summary judgment. The court found that even if Defendant's motion to bar the expert had been denied, summary judgment would still be appropriate because the resident was not using the walker for its intended purpose; the resident had set the walker by the doorway while using the restroom and fell against it when returning to the hallway. Decided: March 12, 2007.
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