Bonds v. Roy

Dr. Mohan Roy (defendant) operated on Bonds (plaintiff), who alleged Roy negligently cut a major nerve in his arm and sued for malpractice. Roy designated three experts, including Dr. Duncan, whose expert-witness declaration said he would testify on damages. On the last day of trial, Roy's counsel asked to expand Duncan's testimony to cover whether Bonds's symptoms were consistent with a cut versus a stretched nerve and the standard of care for re-operation and neurology consultation. The trial court denied the request; the jury found for Bonds. The Court of Appeal affirmed, and Roy sought review.

Whether expert testimony must be excluded at trial where a party unreasonably failed to disclose that expected testimony during discovery.