Pizarro-Ortega v. Cervantes-LopezAnnotate this Case
Future medical expenses are a category of damages to which Nev. R. Civ. P. 16.1(a)(1)(C)’s computation “of any category of damages claimed” requirement applies, and a plaintiff is not excused of complying with the rule because the plaintiff’s treating physician has indicated in medical records that future medical care is necessary.
Respondents were injured in a car wreck with Appellant and filed the underlying negligence action. As part of their initial disclosures, Respondents provided Appellant with a computation of their past medical expenses and medical records but did not provide Appellant with a cost computation of future medical damages. Consequently, Appellant filed a motion in liming seeking to prevent Respondents from introducing evidence at trial in support of Respondents' future medical expenses. The district court denied the motion, and the jury rendered a verdict in favor of Respondents. The Supreme Court affirmed, holding (1) the district court erred in permitting Respondents to introduce evidence in support of their future medical damages where Respondents failed to provide Appellant with a computation of those damages; but (2) Appellant’s substantial rights were not materially affected so as to warrant a new trial.