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Civil Procedure Keyed to Yeazell
Monfore v. Phillips
Citation:
778 F.3d 849 (10th Cir. 2015)Facts
Sherman Shatwell was treated at a hospital for complaints of neck pain. The hospital performed tests that showed that Shatwell likely had throat cancer which was treatable at the time. Shatwell never received the test results and went home with a prescription for antibiotics. Shatwell learned about the diagnosis a year later, at which time the cancer was no longer treatable. After Shatwell passed away, Plaintiff sued Defendants. For almost two years of pretrial litigation, Defendants denied negligence. Defendants continued these assertions in their submissions for the final pretrial order. Two weeks before trial, some of Defendants settled. Defendant Phillips subsequently moved to amend the pretrial order to allow the presentation of a new theory that the settling defendants were negligent. The trial court denied the motion, and the jury found against Defendant Phillips. The jury awarded Plaintiff approximately $1 million. Defendant Phillips appealed the denial of leave to amend the pretrial order to the United States Court of Appeals for the Tenth Circuit.
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