317 P.3d 606
Wyo.2014Background
- Estate of Hicks sued Dr. Zondag for negligently causing Hicks’ death and for vicarious liability of Central Wyoming Neurosurgery.
- Natrona County jury returned a defense verdict finding no negligence by Zondag.
- Estate appealed, challenging trial admission of two expert witnesses on pain medicine standard of care.
- Estate moved in limine to limit to a single standard-of-care expert; district court deferred ruling.
- At trial, Drs. Webster and Fitzgibbon testified; no Rule 403 objections were raised by the estate.
- Court affirmed, holding estate failed to preserve the issue since ruling was not definitive and no objection was renewed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of Rule 403 objections to cumulative testimony | Estate | Zondag | Affirmed; no preservation of error |
Key Cases Cited
- Miracle v. Barker, 136 P.2d 678 (Wy. 1943) (definitive pretrial ruling required renewal of objections)
- Wyoming Sawmills, Inc. v. Morris, 756 P.2d 774 (Wyo. 1988) (plain-error standard for failure to preserve error)
- Case v. Outback Pipe Haulers, 171 P.3d 514 (Wyo. 2007) (trial-court discretion on multiple expert testimony)
- Winterholler v. Zolessi, 989 P.2d 621 (Wyo. 1999) (case-specific Rule 403 application for multiple experts)
- Vigil v. State, 224 P.3d 31 (Wy. 2010) (preservation of error and appellate review)
- Leach v. State, 312 P.3d 795 (Wy. 2013) (standard for preservation and plain-error review)