United States Tenth Circuit

In an action brought against defendant-physician who plaintiffs had hired to serve as their expert witness in a medical malpractice case, claiming that his abrupt change of position on the eve of trial led to dismissal of their malpractice case, dismissal of this action is reversed where, contrary to the ruling below, plaintiffs sufficiently alleged that defendant's change of position, as well as the timing of that change of position, proximately caused the state court's grant of summary judgment.

Appellate Information

• Decided 03/04/2008
• Published 03/05/2008

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, GORSUCH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kenneth R. Ivory, Ivory Law, P.C., Sandy, Utah (C. Michael Lawrence, C. Michael Lawrence, P.C., Taylorsville, Utah, with him on the briefs), for Plaintiffs-Appellants.


• For Appellees:
  
• J. Anthony Eyre (J. Kevin Murphy, with him on the brief), Kipp and Christian, P.C., Salt Lake City, Utah, for Defendant-Appellee.