Secol v. Fall River Medical PLLC
Annotate this CasePlaintiff-appellant Cassie Secol and her four minor children (collectively “the Secols”) challenged several evidentiary rulings, jury instructions, and the denial of their motion for a new trial. In late 2016, Damian Secol passed away from a rare form of cancer, T-cell lymphoblastic lymphoma (“T-LBL”). Following his death, the Secols brought a medical malpractice action against Damian’s primary care providers: Kelly Dustin, D.O., Austin Gillette, M.D., and Fall River Medical, PLLC (collectively “Fall River”). At trial, the district court questioned Dr. Jeffery Hancock, Damian’s treating oncologist, in front of the jury concerning the treatment and diagnosis of T-LBL. The Secols moved the district court for a mistrial, arguing the questioning prevented a fair trial. The district court denied the motion. After the jury returned a verdict in Fall River’s favor, the Secols moved the district court for a new trial, which was also denied. The Secols appealed, challenging the district court’s evidentiary rulings, delivery of jury instructions, and the denial of their motion for a new trial. After review, the Idaho Supreme Court reversed the district court, vacated the judgment following the jury verdict, and remanded for a new trial to be conducted by a new district judge. Specifically, the Court determined the district court abused its discretion in denying the Secols’ motion for a new trial because its questioning of Dr. Hancock denied the Secols a fair trial. "Such questioning was an abuse of discretion and necessitates a new trial." Further, the district court abused its discretion in permitting Dr. Hancock to testify as to matters for which no foundation was laid and which were outside the scope of his expertise. And in addition, the district court erred in admitting irrelevant testimony about Dr. Gillette’s and Dr. Dustin’s families and hobbies, and the district court erred in delivering a modified jury instruction on medical negligence, which included prejudicially confusing language concerning direct expert testimony as compared to expert testimony. The district court was affirmed as to the admission of Fall River two experts' testimony on the standard of care because its decision on Fall River’s motion for reconsideration was not part of the record.
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