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

Summary

The court held that an expert considers information under the expert-disclosure rule only when the expert reviews it for the purpose of forming opinions about the particular case at issue. Because Dr. Lee relied on the published study rather than re-reviewing its underlying raw data in connection with this case, the raw data was not discoverable under the rule, and excluding her testimony as a discovery sanction was erroneous. Justice BENDER, joined by Justice MARTINEZ, dissented, contending that the majority improperly limited trial-court discretion and that the sanction was within the trial court's discretion.