Pickett v. Cortese

by
Plaintiff filed a complaint against Dr. Florian Cortese after Plaintiff’s small intestine was perforated during a procedure performed by Cortese. The trial court denied Cortese’s motion to dismiss for lack of subject matter jurisdiction and also denied Cortese’s motions for summary judgment and to preclude Plaintiff from presenting unpleaded claims at trial. The Supreme Court affirmed, holding (1) the district court did not err in determining that it had jurisdiction to consider arguments Plaintiff had not specifically presented to the Montana Medical Legal Panel; and (2) the Court should not suspend the Rules of Appellate Procedure to consider the district court’s denial of Cortes’s remaining motions. View "Pickett v. Cortese" on Justia Law