Zaverl v. Hanley

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Margaret Zaverl’s estate sued her surgeon and her pulmonologist, alleging that they negligently diagnosed and failed to treat her aortobronchial condition in 1994, causing her death. The jury returned a verdict for both physicians. At trial the surgeon testified over the estate’s objection about matters his lawyer had instructed him not to address at his pre-trial deposition. Because it was error to permit this testimony at trial, we remand for a determination whether this error prejudiced the estate’s claims against either physician. We vacate the…