Paugh & Farmer, Inc. v. Menorah Home for Jewish Aged
15 Ohio St.3d 44, 472 N.E.2d 704 (1984)
Paugh & Farmer agreed to build an apartment facility to be operated by Menorah Home. An argument arose between the parties over water leakage problems, and Menorah Home withheld payment. After the repairs were completed, Menorah Home still refused to pay. Paugh & Farmer sued Menorah Home. The defendant identified his expert witness and his opinions only one week before trial. The plaintiff argued that the expert should not be permitted to testify as this presented an unfair surprise. The trial court agreed. The jury returned a verdict for Paugh & Farmer in the amount of the retained funds. The Supreme Court found that Paugh & Farmer was entitled to the retained funds, and held that the trial court was correct in barring defendant’s expert for reasons of tardiness.