McClendon v. Collins

by
This lawsuit arose after Diane Collins rear-ended Ja Cynta McClendon’s car. Collins designated Dr. Eugene Appel as a testifying medical expert and filed an expert witness report. Before McClendon was able to depose Appel, Collins de-designated him as a testifying expert witness. Collins moved for a protective order to prevent McClendon from deposing Appel or calling him to testify at trial. McClendon subsequently moved to designate Appel as her own expert witness. The district court granted Collins’ motion for a protective order and denied McClendon’s motion. The jury subsequently entered judgment in favor of Collins. The Supreme Court affirmed, holding (1) after an expert report has been disclosed, a testifying expert witness cannot regain the confidentiality protections of Nev. R. Civ. P. 26(b)(4)(B) by de-designating that witness to the status of a nontestifying expert; (2) after the expert witness has lost Rule 26(b)(4)(B)’s protections, the district court has the discretion whether to allow the witness to be further deposed or called to testify at trial by an opposing party; and (3) the district court abused its discretion by basing its decision on the fact that Appel had not yet been deposed, but the error was harmless. View "McClendon v. Collins" on Justia Law