Robert Pease v. The Charlotte Hungerford Hospital et al. (2013)

APPEARANCES

THE COURT:  I agree.   Let me address it this way, unless there's anything else anybody else wants to tell me.

Hearing nothing.   Opining as to causation may or may not be well within the realm of Dr. Reddy's expertise but it is not essential to treatment.   If Dr. Reddy is to testify as to causation, full disclosure is required pursuant to Practice Book Section 13–4 subsection (b)(2).

And I'm going to request this part of our proceeding, that is, request a transcript, and I will sign that and issue it as an order.

As to Dr. Farraye, insofar as he is intended to testify as to causation and as to whether the injuries were related to treatment by someone else, he's also being called to testify to matters that are not necessarily required simply to treat the plaintiff.   Therefore, insofar as the plaintiff intends to offer either Dr. Reddy or Dr. Farraye as experts on the issue of causation, plaintiff must amend his disclosure within 30 days to state the source of the experts' information concerning his opinion on causation and the specific basis for his opinion regarding causation.   If the amended disclosure fails to sufficiently comply with the order, this order, then the plaintiff would be precluded from offering testimony by either expert on the issue of causation and/or the relationship, if any, between the treatment given by others and the resulting injuries.

And I rely on—and I may mispronounce this—Meizies, M-e-i-z-i-e-s, versus Wawa, W-a-w-a, 15 Connecticut Law Reporter 537, December 15, 1995, Judge Corradino.

Obviously, I'm counting on the defendant to alert the plaintiff.   If the defendant feels the subsequent disclosure is still not concluded, I would rather have the Court intervene well prior to trial when they have to deal with a preclusion issue at trial.

Once you get disclosure and 30 days, or sooner, Attorney Tyler, if you would review it and advise the plaintiff if you think you now have what you need under the Practice Book. If not, then bring it to the Court's attention and we'll pursue it further, all right.

ATTY. TYLER:  Thank you, your Honor.

ATTY. CONROY:  Okay, thank you.

THE COURT:  Thank you.

By the Court

Hon. John A. Danaher, III

Danaher, John A., J.