St. John, Busick’s car collided with her vehicle. Busick

testified that she was going 35 mph down a side drive in the parking lot and did not brake until a moment

before the collision. Busick submits that she had traveled 300 feet before reaching the side road and had

the right-of-way to continue south until she reached Highway 80. Busick argues that the accident occurred

on a publicly used parking lot street which was 40 feet wide and terminated at the point where St. John

entered without stopping from a 25 feet wide side street.

¶4.     Busick alleges that the impact of the vehicles caused her to be thrown forward into her steering

wheel. She contends that the accident caused injuries to her head, neck and back. As a result, Busick

claims         24
2002. St. John submits that on March 29, 2002, Busick supplemented with an unverified interrogatory

response identifying her husband, Robert Busick, as an additional fact witness. St. John immediately filed

a motion in limine to strike his testimony as the witness was disclosed only 17 days before trial. On the

morning of the trial, during voir dire, Busick disclosed two more witnesses, Shirley Doeker and Christy

Trotter Thompson. Again, St. John moved to exclude their testimony. When the judge asked the subject

of the witnesses’ testimony, Busick stated that their testimony would be to damages sustained as a result

of the accident. Relying on Busick’s assertion of the relevance as to damages, the court refused to allow

the testimony because of untimely disclosure and because Busick