Hashmi v. Kelly

This was a medical malpractice claim for the wrongful death of Rosalie Stamper. At issue on appeal was a discovery violation question about the use of deposition testimony of a treating physician, who was originally a defendant in the case but was dismissed prior to trial. The trial court allowed the physician's deposition to be played to the jury, including a portion about Defendant's compliance with the standard of care, even though Plaintiff argued that the physician had not been identified as an expert witness and no Ky. R. Civ. P. 26 information had been provided about his testimony. The jury found for Defendant. The court of appeals reversed, finding the Defendant had not complied with the language or spirit of Rule 26. The Supreme Court reversed the court of appeals and reinstated the judgment of the trial court, holding (1) the trial court erred when in admitting the testimony without considering the effect of the requirements of Rule 26 and without considering the admissibility of the proposed "expert" testimony as to standard of care; but (2) the error was harmless. View "Hashmi v. Kelly" on Justia Law