Clark v. Klein, 137 Idaho 154

Summary

The Idaho Supreme Court reviewed a medical malpractice and wrongful death action arising from the death of Corey Ayres after his discharge from a hospital. The court held that the trial court committed reversible error by allowing an inadequately disclosed expert to testify under Idaho Rule of Civil Procedure 26 and remanded for a new trial. The court also provided guidance concerning jury instructions and the right of separately represented plaintiffs to cross-examine witnesses.

Holdings

1. The trial court abused its discretion by allowing Bourquard to testify about an undisclosed causation and standard-of-care theory. The nondisclosure prejudiced the plaintiffs because they lacked an opportunity to prepare cross-examination or rebuttal testimony, requiring reversal and a new trial.
2. A party seeking exclusion of an expert for failure to disclose the substance of the expert's testimony is not required to first move to compel compliance with Rule 26.
3. A trial court may not completely exclude cross-examination by one of two separately represented parties with separate interests; each party must be permitted to cross-examine witnesses.

Questions Presented

1. Whether the trial court abused its discretion by allowing Dr. Renee Bourquard to testify when the substance of her expert opinions had not been disclosed under Idaho Rule of Civil Procedure 26(b)(4) and 26(e).
2. Whether the trial court abused its discretion by limiting cross-examination of the defendant's witnesses to counsel for only one of two separately represented plaintiffs.
3. Whether the challenged jury instruction concerning the effect of an undesirable or unfortunate result following medical care constituted reversible error.

Disposition

reversed_and_remanded