In this motor vehicle accident case, we represented a pedestrian struck by the defendant’s vehicle. The defendant asserted the existence of an “independent” witness who would testify on behalf of the defendant. When asked to provide contact information for the witness, the defense attorney provided an old phone number that no longer worked. Subsequent inquiries did not result in obtaining valid contact information for the witness. One week before trial, the defendant scheduled a deposition of the witness in question.
Issue: Under what circumstances could the court preclude a witness’s testimony as a sanction for discovery abuse?
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