Rose Marie Monroe v. Alexander Blevins, M.D.

FAIR, J.,

for the Court:

¶ 1. William Wallace Ray died after Dr. Alexander Blevens allegedly failed to diagnose his fractured hip. The circuit court granted Blevens a mistrial after Ray’s wrongful death beneficiaries attempted to introduce expert testimony not previously disclosed' on the issue of the standard, of care. The court then granted a defense motion to “dismiss” for a failure to meet the burden of proof on that issue.

¶ 2. We conclude that the circuit court acted within its discretion in excluding the beneficiaries’ expert from testifying beyond his prior disclosures. And although the…