In Re: Catholic Health Initiatives Colorado D/b/a Centura Health-St. Anthony North Hospital, Plaintiff v. Earl…

Summary

The court held that an amendment limiting expert direct testimony to matters disclosed in detail in the expert report did not create automatic exclusion as a sanction for an inadequate report. Instead, the trial court was required to apply the harm and proportionality framework governing discovery sanctions. Because the trial court excluded the expert without conducting that analysis, the court made its rule to show cause absolute and remanded.