Plaintiff hereby moves this Court, pursuant to Rule 16 of the
Alabama Rules of Civil Procedure, for leave to re-add the expert
testimony of Dr. William Farone and add the video testimony of
Dr. Richard Pollay and Dr. Elizabeth Whelan.
Jimmy Acton is dying of cancer. He does not smoke. His disease is the result of secondary smoke he breathed from his wife, who has been addicted to cigarettes for more than forty years.
Because of a quirk in these proceedings, experts on Mr. Acton's behalf were stricken from the list of witnesses to appear.
However, circumstances have changed. The date of the trial has been postponed at the requests of the defendants. As a result, allowing these witnesses to testify would no longer place an unreasonable burden on the defendants in preparing their rebuttal.