Re: sold a boat and it busted!
I'm no laywer, but isn't discovery is usually performed by the litigating parties - not by the courts? If so, then its kinda up to Country_Bumpkin to find out what the other side dosn't want him to find. -V
The other side brought an "expert" witness, with some information. In a civil suit, you are entitled to that evidence in writing in advance, so you can reasonably respond to it. The witness is not there to deliver the evidence, but to respond to questioning about it.
The response to surprise is to request a continuance to allow discovery. It's a fool that pulls the surprise card long distance.
Let's watch this cool lawyer take care of this with little effort or expense.
I'd be willing to bet, because I have teenage boys myself, that the lad showed off the rig in the driveway by starting it up and rapping it a few times for each friend that came by. Then when he put it on the lake and the water pump failed, he didn't notice the smell, noise, or gauges. Actually, my boys know better, but I had one with a strong head that did just that to a very nice running car, ruining it for good. He just didn't have the time or ambition to worry about anti-freeze, or check the oil, and he drove it like he was mad at it.
I think I'm gonna get one more day on the water tomorrow. My daughter was going to move tomorrow, and suddenly changed that to Sunday. Tomorrow will be worth boating and fishing, Sunday promises to be rainy again. I'd rather play in the sun and move in the rain.
John