Landrum v. Chippenham & Johnston-Willis Hosps.Annotate this Case
Kasey Landrum sued Defendants, Chippenham and Johnson-Willis Hospitals and Dr. John Deitrick, for medical malpractice. Because Landrum did not identify her expert witnesses in accordance with the circuit court's scheduling order, Defendants moved to exclude the expert witnesses and for summary judgment. The circuit court denied Defendants' motions and gave Landrum's out-of-state counsel extra time to supplement the designation so as to comport with Va. R. Civ. P. 4:1(b)(4)(A)(i). Landrum's out-of-state counsel then filed a supplemental designation without local counsel's signature in violation of Va. R. Civ. P. 1A:4(2). The circuit court then granted Defendants' motions to exclude the expert witnesses and for summary judgment after finding that Landrum could not meet her burden of proof on her medical-malpractice claims without an expert witness to establish the standard of care. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in excluding Landrum's expert's witnesses because of her failure to obey its pretrial orders.