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Bonds v. Roy

California Supreme Court
973 P.2d 66 (1999)


Facts

Dr. Mohan Roy (defendant) performed surgery on Charles Bonds (plaintiff). Bonds alleged that Roy negligently cut a major nerve in his arm during the surgery and sued Roy for medical malpractice. Roy designated three expert witnesses for trial, including Dr. Jan Duncan, and submitted expert witness declarations for each of them. Duncan’s expert-witness declaration stated that Duncan was expected to testify on the issue of damages. On the last day of trial, during the last afternoon recess, Roy’s counsel asked to expand Duncan’s testimony to include expert testimony about: (1) whether the symptoms exhibited by Bonds were consistent with a cut nerve or merely a stretched nerve and (2) the standard of care for an immediate reoperation and consultation with a neurologist. The trial court denied Roy’s request to expand Duncan’s testimony, and the jury returned a verdict for Bonds. Roy appealed, and the Court of Appeal affirmed. Roy then petitioned the California Supreme Court for review.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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