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Evans v. Scanson

Supreme Court of Montana

June 27, 2017

KERRIE EVANS, Plaintiff and Appellant,
v.
PEGGY SCANSON, CNP and WILLIAM PETERS, M.D., Defendants and Appellees.

          Submitted on Briefs: April 19, 2017

         APPEAL FROM: District Court of the Eighteenth Judicial District, In and For the County of Gallatin, Cause No. DV 11-990B Honorable Mike Salvagni, Presiding Judge

          For Appellant: E. Casey Magan, Russell S. Waddell, Waddell & Magan, Bozeman, Montana

          For Appellees: Julie Lichte, Danielle A.R. Coffman, Jill Laslovich, Crowley Fleck PLLP, Bozeman, Montana

          John A. Scully, Cooper & Scully, Dallas, Texas (Attorneys for Peggy Scanson, CNP)

          Lisa A. Speare, William J. Speare, George T. Kimmet, Speare Law Firm, Billings, Montana (Attorneys for William Peters, M.D.)

          OPINION

          LAURIE McKINNON, JUSTICE

         ¶1 Kerrie Evans (Evans) appeals from a jury verdict after a nine-day trial in the Eighteenth Judicial District Court that found Peggy Scanson (Scanson) and William Peters, M.D. (Dr. Peters) did not deviate from the standard of care when providing Evans with prenatal care. Evans seeks a new trial or amended judgment based on our disposition of the following issues:

1. Whether the District Court erred by admitting collateral source testimony under the rule of curative admissibility.
2. Whether the District Court abused its discretion by ruling expert testimony was within the scope of its corresponding disclosure and otherwise admissible.
3. Whether the District Court erred by refusing to grant a new trial or alter the judgment after hearing defense counsel's closing argument.

         ¶2 We affirm.[1]

         FACTUAL AND PROCEDURAL BACKGROUND

         ¶3 Kerrie Evans' child was born in 2010 with Cystic Fibrosis (CF), a chronic condition that will require medical care for the rest of her life. Faced with the prospect of paying for years of medical expenses, Evans filed suit to recover against the medical professionals who provided her with prenatal care and counseling because, she alleged, she would have opted to abort her pregnancy had she been timely provided with the child's CF diagnosis in utero. Evans saw Scanson, a nurse practitioner at Livingston HealthCare, for a prenatal care appointment in October of 2009. Evans was 38 years old. Scanson's notes from this visit indicate the fetus was at risk for Down syndrome due to Evans' advanced age, that Evans wanted the fetus tested, and that Evans would ...


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