Submitted on Briefs: April 19, 2017
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
Appellant: E. Casey Magan, Russell S. Waddell, Waddell &
Magan, Bozeman, Montana
Appellees: Julie Lichte, Danielle A.R. Coffman, Jill
Laslovich, Crowley Fleck PLLP, Bozeman, Montana
A. Scully, Cooper & Scully, Dallas, Texas (Attorneys for
Peggy Scanson, CNP)
A. Speare, William J. Speare, George T. Kimmet, Speare Law
Firm, Billings, Montana (Attorneys for William Peters, M.D.)
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
1. Whether the District Court erred by admitting
collateral source testimony under the rule of curative
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.
AND PROCEDURAL BACKGROUND
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 ...