Timeka Green, Plaintiff Below, Appellant v. Alfred A.i. Dupont Institute of the Nemours Foundation and Freeman…

Summary

The Supreme Court of Delaware held that the Superior Court abused its discretion by excluding portions of a defense-retained expert's videotaped deposition from the plaintiff's medical-malpractice trial. The deposition had been taken for anticipated trial use, and the parties' pretrial stipulations recognized that either side could use it; excluding the testimony materially prejudiced the plaintiff because it contained evidence relevant to the standard of care and was unavailable through another expert at that stage. The court reversed the denial of a new trial and remanded for a new trial.