In a premises liability case against a retailer, Jackie Booker successfully precluded expert opinions and the plaintiff’s request for entry upon land with motions practice. Plaintiff’s treating orthopedic surgeon was precluded from providing causation opinions, pursuant to C.R.C.P. 37. The Court agreed with the retailer that the late disclosure of the treating physician’s opinions was not substantially justified or harmless. The Court also denied plaintiff’s request for entry on the retailer’s premises, finding the request improper and granting the retailer its attorney’s fees and costs in defending the motion.
