Phillip Garrigan, Plaintiff v. Philip J. Bowen, M.d., Defendant

Summary

The court made the rule absolute and vacated an order barring Dr. Bowen's expert, Dr. Lee, from testifying as a discovery sanction. It held that information is considered in forming expert opinions only when reviewed for the purpose of forming opinions about the particular case, so Dr. Lee's earlier review of raw data for a published study did not make that data discoverable in this litigation. Justice Bender, joined by Justice Martinez, dissented, arguing that the trial court had discretion to require disclosure of the data and to exclude the testimony.