Brussow v. Webster
2011 UT App 193
| Utah Ct. App. | 2011Background
- Brussow filed suit against Webster for a July 18, 2003 automobile collision.
- The trial court struck Brussow's untimely designated witnesses and later granted summary judgment for Webster for lack of expert proof.
- Brussow appeals the exclusion of witnesses and the grant of summary judgment.
- The case timeline shows multiple scheduling orders; Brussow repeatedly failed to designate experts before deadlines.
- Webster designated witnesses by June 2009; Brussow did not designate until October 2009, after Webster's summary judgment motion.
- The court ultimately affirms the trial court's rulings and dismisses Brussow's claims without expert testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exclusion of untimely witnesses was an abuse of discretion | Brussow contends exclusion was harmless and not prejudicial. | Webster argues late disclosures prejudice defense and violate discovery rules. | No abuse; prejudice and lack of good cause shown. |
| Whether summary judgment was proper without expert testimony | Brussow could prove a prima facie negligence case without expert testimony. | Expert testimony is required to establish causation absent obvious or non-medical factors. | Summary judgment affirmed; no genuine issue without expert testimony. |
Key Cases Cited
- Gardner v. Board of Cnty. Comm'rs, 178 P.3d 893 (Utah 2008) (trial court discretion in discovery matters)
- Posner v. Equity Title Ins. Agency, 222 P.3d 775 (Utah App. 2009) (abuse-of-discretion standard for excluding late-disclosed witnesses)
- Pete v. Youngblood, 141 P.3d 629 (Utah App. 2006) (properly noting importance of identifying expert witnesses)
- Musser v. Gentiva Health Servs., 356 F.3d 751 (7th Cir. 2004) (recognizes need for expert testimony where required by complexity)
- Bowman v. Kalm, 179 P.3d 754 (Utah 2008) (obvious-causation exceptions to expert requirements)
- Fox v. Brigham Young Univ., 176 P.3d 446 (Utah App. 2007) (limits on when expert testimony is unnecessary)
- Beard v. K-Mart Corp., 12 P.3d 1015 (Utah App. 2000) (discipline on when expert proof is necessary)