United States Tenth Circuit

Summary judgment for defendant is affirmed for lack of causation evidence in this wrongful death suit. District court did not abuse its discretion in conducting the FRCP rule 26 expert disclosures, or in ultimately excluding the testimony of plaintiffs' expert, who proposed to testify that Zoloft caused plaintiffs' son to commit suicide.

Appellate Information

• Decided 02/04/2004
• Published 02/04/2004

Judges

• HARTZ, Circuit Judge., Before EBEL, ANDERSON, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Arnold Anderson Vickery, Houston, TX (James E. Fitzgerald, Cheyenne, WY, and Earl Landers Vickery, Austin, TX, with him on the briefs), for Plaintiffs-Appellants.


• For Appellees:
  
• Malcolm E. Wheeler (James E. Hooper, Amy L. Padden and Craig R. May, with him on the brief), of Wheeler Trigg & Kennedy, P.C., Denver, CO, for Defendant-Appellee.