Monfore v. Phillips

778 F.3d 849 (10TH Cir. 2015)

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Nature of the Case

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Facts

Sherman went to the hospital complaining of neck pain. Tests showed he probably had throat cancer. It was treatable but required immediate attention. The news never made it to him. Instead, Sherman was sent home with a prescription for antibiotics. By the time he learned the truth a year later, it was too late. He died. Monfore (P), Sherman's wife sued for negligence against the doctors and hospital. For twenty months Ds maintained a unified front, denying any negligence by anyone. Two weeks before trial, some of the defendants settled. Phillips (D) wasn't one of those. Left to stand trial and with just days before jury selection, d sought permission to amend the pretrial order so he could revamp his trial strategy. D wanted to pursue a defense pinning the blame on the absent settling defendants, arguing that they were indeed negligent and that they - not he - should be held responsible for any damages. The motion to amend the final pretrial order sought permission to introduce new jury instructions, exhibits, and witnesses aimed at advancing this new defense. The district court denied the motion, and at the trial's end, the jury found him liable for damages of a little over $1 million. D appealed.