Cleveland v. Hamil

ON WRIT OF CERTIORARI

DICKINSON, Presiding Justice,

for the Court:

¶ 1. At trial in this medical-negligence case, the plaintiffs only expert abandoned his pretrial opinion and — over the objection of the defendant — testified to a new opinion that was never disclosed in discovery. The Court of Appeals reversed and remanded for a new trial. But because the trial court should have granted a judgment notwithstanding the verdict, we reverse in part and render judgment in favor of the defendant.

FACTS AND PROCEDURAL HISTORY

¶ 2. Emmett Hamil was admitted to Central Mississippi Medical Center, com*1022plainin…