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

Summary

Justice Bender dissented from the majority's case-specific construction of the expert-disclosure rule and its treatment of the trial court's discovery ruling. He would have applied abuse-of-discretion review and upheld the exclusion of Dr. Lee's testimony because the trial court reasonably found that she had considered undisclosed study data and methodology necessary for fair cross-examination. Justice Martinez joined the dissent.