Monfore v. Phillips, No. 13-7075 (10th Cir. 2015)Annotate this Case
The widow of Sherman Shatwell sued her husband's medical care providers for negligence after a missed diagnosis. Shatwell complained of neck pain, and was sent home with antibiotics. By the time he learned the pain was caused by cancer, it was too late to treat it. Two weeks before trial, some of the medical providers settled out of court. Dr. Kenneth Phillips remained a party to the case. Days before jury selection, Phillips sought permission from the court to amend the pretrial order so he could amend his trial strategy, including adding new jury instructions, exhibits, and witnesses to support his new defense. The district court denied the motion, and the doctor was ultimately found liable for damages totaling over $1 million. On appeal Phillips argued the district court erred by not allowing him to amend the pretrial order. Finding no reversible error, the Tenth Circuit affirmed the district court's judgment.