Taylor v. Kohli

In this case of first impression, we are asked to resolve two questions: first, whether an expert is an agent of the party hiring him; second, whether and when a missing-witness instruction is appropriate if a disclosed expert is not called.

Plaintiff was admitted to defendant’s hospital for treatment of a condition related to dropfoot. Defendant doctor examined plaintiff and concluded that surgery was necessary. Defendant performed the surgery, after which plaintiff suffered a complication, the nature and cause of which were in dispute. Plaintiff was treated for the complication and released.…