Clark v. Raty

48 P.3d 672, 137 Idaho 343, 2002 Ida. App. LEXIS 42
CourtIdaho Court of Appeals
DecidedMay 30, 2002
DocketNo. 27434
StatusPublished
Cited by3 cases

This text of 48 P.3d 672 (Clark v. Raty) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Raty, 48 P.3d 672, 137 Idaho 343, 2002 Ida. App. LEXIS 42 (Idaho Ct. App. 2002).

Opinion

LANSING, Judge.

This appeal challenges the decision of the district court excluding from trial expert testimony of one of the plaintiffs treating physicians because the opinions and the facts underlying those opinions had not been disclosed in discovery responses. We hold that this discovery sanction was reasonable in the circumstances presented here, and therefore affirm.

I.

BACKGROUND

In July 1997, defendant Nicole Raty drove an automobile belonging to her father, Dallas Raty, through a stop sign and struck Clark’s vehicle. The accident caused Clark to suffer neck and back pain, for which he received medical treatment. Nearly two years later, in May 1999, Clark filed suit against the Ratys for the injuries sustained in the accident. In defense, the Ratys alleged that some or all of Clark’s injuries pre-existed the accident and were the result of factors not caused by the Ratys, including pre-existing rheumatoid arthritis and degenerative disk and joint disease. Trial was scheduled for February 13, 2001.

In response to the Ratys’ interrogatories, Clark identified his treating physicians, including Dr. Craig Scoville, as potential witnesses, and he made his medical records available, but he did not state any medical opinions to which Dr. Scoville was expected to testify nor any facts offered to support those opinions. Two weeks before the trial date, the Ratys filed a motion in limine to preclude expert testimony as to any opinions that had not been disclosed in discovery responses. At a February 5, 2001 hearing on the motion, Clark’s counsel represented that Dr. Scoville would testify “that the treatment rendered by himself was more probable than not related to plaintiffs accident,” and that “the medical treatment given by other medical care providers was reasonable, necessary, and related to plaintiffs accident.” The district court informed Clark’s counsel that if the witness was going to testify to an opinion about the causal relationship between Clark’s symptoms and the accident in light of preexisting conditions, Clark must be more specific in his disclosure. The court held that Clark’s interrogatory answers and production of medical records had not been sufficient to adequately disclose this component of Dr. Scoville’s proffered opinion and the facts and data upon which they were based. Rather than excluding such testimony, however, the court allowed Clark until noon on February 7 to make the necessary disclosures and further ordered that if the Ratys wished to depose Dr. Scoville, he must be made available for deposition by Friday, February 9. Clark did not produce information on Dr. Scoville’s opinion until February 9, two days after the deadline. The information was presented in the form of a letter which stated that although Clark had been afflicted with rheumatoid arthritis since he [345]*345was twenty-one years old, this condition was not present in his neck and back, and that his neck and back pain was a consequence of a different affliction, spondylosis. According to the letter, spondylosis is a degenerative arthritis that could have been aggravated by the accident. Clark "wished to present this medical opinion in support of his contention that his then-current neck and back pain, and a consequent need for surgery, was attributable to the accident and not to pre-existing rheumatoid arthritis.

At a hearing on February 12, one day before commencement of the trial, the district court held that because of Clark’s untimely disclosure, he would not be allowed to present Dr. Scoville’s opinion regarding the absence of rheumatoid arthritis in Clark’s neck and back or the relationship between Clark’s neck and back pain and the accident. The court held, however, that Dr. Scoville would be allowed to testify about matters that had already been disclosed through the production of the records on his treatment of Clark.

The trial proceeded as scheduled, and the jury awarded damages to Clark in the amount of $10,100, a sum that was approximately one-tenth of that requested by Clark for the cost of future surgeries. Clark appeals, contending that he is entitled to a new trial because the district court erred in excluding Dr. Scoville’s expert opinion.

II.

ANALYSIS

A. Discovery Rules Required that Clark Respond to Interrogatories Concerning His Treating Physician’s Opinion.

Clark first contends that the exclusion of Dr. Scoville’s opinion testimony as a discovery sanction was erroneous because, under the Idaho Rules of Civil Procedure, Clark was not required to respond to discovery requests concerning the facts and opinions to which Dr. Scoville would testify. Clark points out that Dr. Scoville’s testimony is not governed by I.R.C.P. 26(b)(4),1 which places limitations on the discovery of experts’ opinions and knowledge that was “acquired or developed in anticipation of litigation or for trial,” because Dr. Scoville is a treating physician who acquired his knowledge about the case from his examination and treatment of Clark. Because Dr. Scoville’s testimony is not covered by Rule 26(b)(4), Clark argues, it is not subject to discovery at all.

Although Clark is correct that a treating physician’s knowledge that was not developed for purposes of litigation is not subject to Rule 26(b)(4), the conclusion that he then draws — that such testimony is entirely sheltered from discovery — draws no support from the language of that rule or the remaining discovery rules. Rule 26(b)(4) restricts the methods of discovery that may be utilized to obtain the opinions and information developed by experts for purposes of the litigation. The rule does nothing to prohibit or limit discovery of expert opinions that were not developed for litigation purposes. Therefore, expert testimony that is not subject to the discovery limitations of Rule 26(b)(4) is not immune from discovery but, to the contrary, is subject to the full panoply of discovery that is otherwise authorized by the civil rules. This is apparent from the opening sentence of the rule which recognizes that except as to experts whose information was acquired for purposes of the litigation, facts known and opinions held by experts are “oth[346]*346erwise discoverable” under the provisions of subdivision (b)(1) of Rule 26.

The effect of Rule 26(b)(4) was artfully explained by the United States District Court for the Northern District of Mississippi in Lee v. Knutson, 112 F.R.D. 105 (N.D.Miss.1986), where the court rejected an argument identical to Clark’s with regard to the corresponding federal rule:

There is ample authority for the proposition that an expert witness, such as a treating physician, whose entire testimony will be based upon his own examination and treatment of a party, is not subject to the provisions of Rule 26(b)(4). Such a non-26(b)(4) expert is subject to discovery without the limitations imposed by Rule 26(b)(4).
While that much is true, it does not follow, as plaintiffs argue that they were not required to disclose their intention to use these six medical witnesses in response to defendant[’s] discovery requests. Rule 26(b)(4) does not create a new right of discovery. Instead, as to 26(b)(4) experts, it limits the general scope of discovery as defined by Rule 26(b)(1).

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Cite This Page — Counsel Stack

Bluebook (online)
48 P.3d 672, 137 Idaho 343, 2002 Ida. App. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-raty-idahoctapp-2002.