United States First Circuit

In a medical malpractice action, district court grant of defendant's motion for judgment as a matter of law is affirmed where: 1) the court did not abuse its discretion in precluding expert testimony as the order of preclusion constituted a fitting sanction for plaintiff's discovery violation; and 2) the court did not err in taking the case from the jury as the record contained no significantly probative evidence on causation, and thus the jury had no legally acceptable basis for finding the defendant liable for the death.

Appellate Information

• Decided 06/08/2009
• Published 06/08/2009

Judges

• SELYA, Circuit Judge., Before LYNCH, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ramón L. Walker-Merino, with whom Ricardo Ruiz Díaz and Ruiz & Reyes Law Offices were on brief, for appellants.


• For Appellees:
  
• Jorge Martínez-Luciano, with whom Emil Rodríguez-Escudero, Law Offices of Pedro Ortiz Alvárez, PSC, José A. Miranda-Daleccio, and Miranda Cárdenas & Córdova were on brief, for appellee.