Lands v. Sunset Manor, LP

Summary

The Idaho Supreme Court affirmed the exclusion of several expert witnesses and the limitation of Diane Lands’s non-economic damages claim to the period ending with her last medical treatment. The court held that the scheduling deadlines did not automatically move when the trial and pretrial dates were postponed, and that any error concerning timely disclosed non-retained experts did not affect a substantial right. The court also held that expert medical testimony was necessary to connect Lands’s continuing memory loss to the accident because the alleged injury was medically complex, remote in time, and potentially attributable to aging.