Sherar v. Zipper

RONALD R. HOLLIGER, Judge.

The case at bar concerns an action for wrongful death brought by Esther Sherar and Denise White, plaintiffs (hereinafter “Plaintiffs”), against Dr. Ronald Zipper, D.O. and Independent Orthopaedics and Sports Medicine, P.C. (hereinafter “Dr. Zipper”). At trial the jury entered its verdict in favor of Dr. Zipper. Plaintiffs contend that the trial court erred in granting Dr. Zipper’s motion to exclude certain testimony by their medical causation expert on the ground that it constituted surprise. Alternatively, they argue that the trial court erred in failing to grant…