Frank Tufano case records naming Stephen V. Wilson

The order states that shortly before the July 6 pretrial conference Plaintiff requested to appear remotely and the Court granted the request. During the hearing, Plaintiff refused to turn on his camera and cited severe, uncorroborated health issues.

The court denied Plaintiff's motion to disqualify. It found that its comments at the pretrial conference reflected an observed inconsistency in Plaintiff's explanation for refusing to appear by camera and did not establish bias or a disqualifying stake or conflict.

Plaintiff did not serve the required Rule 26(a)(2)(C) expert disclosures. The court found the failure was not substantially justified or harmless and excluded expert testimony. It cited prejudice and trial disruption, failure to provide medical records or written discovery, insufficient medical support for claimed incapacity, public video activity inconsistent with that claimed incapacity, general lack of credibility, and abundant indicia of bad faith.

The court held that expert testimony was required to establish breach and causation, that the common-knowledge exception did not apply to the alleged injury from highly invasive eye surgery, and that without admissible expert testimony Plaintiff could not prove essential elements of the claim. Summary judgment was therefore granted for Defendant.

Although summary judgment was granted for Defendant, the judgment and dismissal were made temporarily without prejudice because of the procedural nature of the ruling. Plaintiff was given 60 days to prepare and serve expert disclosures; if he cannot satisfactorily comply, the judgment and dismissal become with prejudice.