Monfore v. Phillips

778 F.3d 849 (2015)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
M
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Monfore v. Phillips

United States Court of Appeals for the Tenth Circuit
778 F.3d 849 (2015)

JL
Play video

Facts

Sherman Shatwell was treated at a hospital for complaints of neck pain. The hospital performed tests that showed that Shatwell likely had throat cancer. However, the results of these tests were never delivered to Shatwell, who was sent home with a prescription for antibiotics. At the time, the cancer was treatable, but Shatwell did not learn of his diagnosis until a year later. By that time, the cancer was no longer treatable. After Shatwell passed away, his wife (plaintiff) sued the doctors, including Dr. Kenneth Phillips and the hospital (defendants). For almost two years of pretrial litigation, the defendants denied negligence and maintained a united front. The defendants continued these assertions in their submissions for the final pretrial order. Two weeks before trial, some of the defendants settled. Due to these events, Phillips moved to amend the pretrial order to allow the presentation of a new theory that the settling defendants were negligent. The trial court denied the motion, and the jury found against Phillips. The jury awarded the plaintiff approximately $1 million. Phillips appealed the denial of leave to amend the pretrial order to the United States Court of Appeals for the Tenth Circuit.

Rule of Law

Issue

Holding and Reasoning (Gorsuch, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 810,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 810,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 810,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Civil Procedure

Key Terms