Bonds v. Roy

California Supreme Court

973 P.2d 66 (Cal. 1999)

If a party unreasonably fails to disclose expected expert testimony during discovery, such testimony must be excluded.

Relevant Facts

Dr. Mohan Roy (the defendant) performed surgery on Bonds (the plaintiff). The plaintiff alleged that the defendant negligently cut a major nerve in his arm during surgery. The plaintiff sued, alleging medical malpractice. The defendant designated three expert witnesses for trial, including a Dr. Duncan, and submitted expert witness declarations for each of them. Duncan’s expert-witness declaration stated that he was expected to testify on the issue of damages. On the last day of trial, the defendant’s counsel asked to expand Duncan’s testimony to include expert testimony about whether the symptoms exhibited by the plaintiff were consistent with a cut nerve or merely a stretched nerve and about what the standard of care was for an immediate re-operation and consultation with a neurologist. The trial court denied the request, and the jury returned a verdict for the plaintiff. The defendant appealed, and the Court of Appeal affirmed. The defendant then petitioned the California Supreme Court for review.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 29, 2020

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Procedural History

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Citations

973 P.2d 66 (Cal. 1999)