Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
Opposition of Defendants National Healthcare Corporation and Memorial Hospital, Inc., to Plaintiffs Jermaine and William Hills’ Motion in Limine #3 to Exclude Opinion of Jeffrey White, M.D., on Decedent’s Life Expectancy
THE INSTANT CIRCUMSTANCES DIFFER FROM THE CASES RELIED UPON BY PLAINTIFF
Plaintiffs rely on the cases of Jones v. Moore (2000) 80 Cal.App.4th 557 [95 Cal.Rtpr.2d 216] and Kennemur v. State of California (1982) 133 Cal.App.3d 907 [184 Cal.Rtpr. 393] in support of their position that Dr. White’s opinion relative to decedent’s life expectancy should be excluded at trial because he did not offer this opinion at his deposition. However, this case differs from those matters.
In Kennemur, the plaintiff attempted to call an expert to testify about causation at trial. However, in three depositions prior to trial, the expert testified that he had no opinion to offer on causation. Kennemur, at 912-913. On that basis, the trial court did not allow the expert to testify on causation, holding that the plaintiff was required to give the defendant notice of the general substance of the testimony that his expert was expected to give at trial either in his witness list or that this information must be disclosed during the expert’s deposition itself. Id. at 919.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Only such a disclosure would give the opposing party reasonable notice to allow him or her to prepare for trial. Id. at 920. (See Part 2 of 2.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.