Shallow v. FollwellAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court in favor of Defendant in this wrongful death medical negligence action, holding that the circuit court did not abuse its discretion.
Plaintiffs alleged that Defendant negligently caused the death of their mother when he perforated her bowel during a hernia repair surgery and failed to recognize and properly treat the bowel. The jury returned a verdict for Defendant. The Supreme Court affirmed, holding (1) the circuit court did not err by permitting Defendant to testify regarding a new causation opinion - different from the opinion he gave during his deposition - for the first time at trial; and (2) the circuit court did not abuse its discretion when it permitted cumulative evidence from Defendant’s expert witnesses.