lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
NEASE v. BUELVAS et al.
A90A1874.
SOGNIER, Chief Judge.
Medical malpractice. Chatham Superior Court. Before Judge Brannen.
Tracy Nease brought a medical malpractice action against Raul Buelvas, M.D., and Orthopedic Center, P.C. The jury returned a verdict in favor of the defendants, and Nease appeals.
On March 7, 1990 appellant filed amendments to the pretrial order and her answer to appellees' interrogatories so as to include Dr. Sedlin as an expert witness she would present at trial, in addition to Dr. Jonathan Spicehandler, the expert witness named in appellant's response to appellees' interrogatories and listed in the pretrial order. After appellees moved to strike appellant's amendment to the pretrial order, appellant filed her motion for leave to amend the pretrial order. Based on the parties' briefs and oral argument, the trial court denied appellant's motion and at trial excluded Dr. Sedlin's testimony both in appellant's case-in-chief and in rebuttal. A review of the proffered testimony of Dr. Sedlin reveals that it significantly tracked the trial testimony of Dr. Spicehandler. " 'The (pretrial) order, when entered, controls the subsequent course of the action unless modified at the trial to prevent manifest injustice.' OCGA 9-11-16 (b)." Horne v. City of Cordele, 254 Ga. 346, 347 (1) (329 SE2d 134) (1985). The decision whether to allow a party to introduce at trial (either in the case-in-chief or in rebuttal) the testimony of a witness not named in the pretrial order is a matter within the discretion of the trial court. Allstate Ins. Co. v. Reynolds, 138 Ga. App. 582, 587-588 (6) (227 SE2d 77) (1976). In view of the chronology of this case and the redundant nature of the testimony appellant sought to introduce, we find no clear abuse of the trial court's discretion and therefore conclude that this enumeration of error is without merit. See Klemme Cattle Co. v. Westwind Cattle Co., 156 Ga. App. 353, 355 (1) (274 SE2d 738) (1980).
Oliver, Maner & Gray, Thomas A. Withers, Wendy W. Williamson, William P. Franklin, Jr., for appellees.
Joseph B. Bergen, for appellant.
DECIDED JANUARY 9, 1991.
Thursday May 21 10:06 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com