Misty M. Whitley v. C.R. Pharmacy Service, Inc. D/B/A Fifth Avenue Pharmacy, and Fifth Avenue Compounding

CADY, Chief Justice.

In this case, we must decide whether the district court erred in admitting exhibits directed to the issue of fault in a pharmacy malpractice action that were not disclosed during the pretrial discovery. The court of appeals found the district court abused its discretion by not excluding the evidence as a sanction for violating both the pretrial order of the district court to disclose all exhibits prior to trial and the spirit and purpose of our discovery rules. On our review, we vacate the decision of the court of appeals and affirm the district court.

I. Background Facts…