Berrett v. Denver & Rio Grande Western Railroad

Because I do not think the plaintiffs have met their burden of establishing substantial prejudice, I respectfully dissent from the majority’s decision to reverse and remand.

Even if I were persuaded that the trial court’s action in excluding Dr. Shroder from testifying was an abuse of discretion,1 the plaintiffs still must establish that there is a reasonable likelihood that the result at trial would have been different without his testimony. Batt v. State, 28 Utah 2d 417, 503 P.2d 855, 859 (1972); Bowden v. Denver & Rio Grande Western R.R., 3 Utah 2d 444, 286 P.2d 240, 244 (1955). “No error…