Howlett v. Chiropractic Center, P.C.Annotate this Case
The Supreme Court affirmed the judgment of the district court determining that Defendant, a chiropractor, was not negligent in his care of Plaintiff, holding that the district court did not abuse its discretion in any of the rulings challenged by Plaintiff.
Plaintiff brought this action alleging that Defendant herniated her cervical disc, did not treat her consistent with the standard of care required by a chiropractor in Montana, and was negligent in his examination and treatment of her. After denying both parties' motions for partial summary judgment a trial was held. The jury returned a special verdict finding Defendant was not negligent in his care of Plaintiff. The Supreme Court affirmed, holding (1) the district court did not err in determining that there was disputed issues of material fact as to the chiropractic standard of care and whether Defendant departed from that standard of care; (2) the court did not abuse its discretion in admitting evidence of Defendant's habits and routine practices when treating patients; (3) the district court did not err in admitting Defendant's perpetuated expert testimony; and (4) any error in admitting alternative cause evidence or allowing Plaintiff to be impeached with her attorney's application to the Montana Chiropractic Legal Panel was harmless.