Business law (Downey v. Bobs Discount Furniture Holdings, Inc.) Assignment

Business law (Downey v. Bobs Discount Furniture Holdings, Inc.) - Assignment Example The exterminator compiled a report regarding the issues and sent s copy to the defendant explaining his findings (Clarkson, Miller, and Cross 65) The defendant only retrieved the infested bed that he had supplied and was unwilling to cover the cost of extermination. Downey paid for the extermination cost. After sometimes, Downey filed a case against the defendant because of his breach of contract in failing to cover the extermination cost. In addition, she claimed that the bed supplied by the defendant was the source of the bed bugs. The case was presented before a district court. Downey was requested to identify an expert of extermination and submit a written report of what the expert had to say. She did not conform to these demands. The district court ruled in favor of the defendant that there was no evidence to indicate that the bed bugs had come with the bed. However, Downey decided to appeal (66). The rationale of the ruling was in accordance to rule 26 (a) (2) (B), which makes it clear that experts may testify as witnesses and also provide a testimony based on their expertise and are exempted from the report requirement. This is the reason why the court of appeal ordered a new trial in the case