O’Day v. NantonAnnotate this Case
In this medical malpractice action, the Supreme Court affirmed the judgment of the circuit court excluding Appellants’ expert’s undisclosed rebuttal testimony and refusing Appellants’ jury instruction.
Appellants, as guardians ad litem for N.W.O., sued Defendant, alleging that Defendant improperly treated N.W.O. with the drug Reglan. During trial, Appellants attempted to present undisclosed rebuttal testimony from an expert witness and requested a nonapportionment-of-damages jury instruction. The circuit court denied the requested jury instruction and excluded the undisclosed expert witness from testifying. The Supreme Court affirmed, holding that the circuit court did not err in excluding Appellants’ undisclosed expert’s rebuttal testimony and in refusing Appellants’ requested jury instruction.