Justia Professional Malpractice & Ethics Opinion Summaries

Whitley v. C.R. Pharmacy Serv., Inc.

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In this case the Supreme Court was asked to decide whether the district court erred in admitting exhibits directed to the issue of fault in a pharmacy malpractice action that were not disclosed during the pretrial discovery. Plaintiff appealed the district court's adverse ruling. The court of appeals found the district court abused its discretion by not excluding the evidence as a sanction for violating both the pretrial order of the district court to disclose all exhibits prior to trial and the spirit and purpose of the discovery rules. The Supreme Court vacated the court of appeals and affirmed the district court, holding (1) the pharmacy had a duty to disclose the newly discovered evidence prior to trial by supplementing its answers to interrogatories; and (2) the district court did not abuse its discretion when it denied the request to exclude the evidence as a sanction, as the trial court pursued a reasonable course of action. View "Whitley v. C.R. Pharmacy Serv., Inc." on Justia Law