Prager v. Campbell County Memorial Hospital
731 F.3d 1046
| 10th Cir. | 2013Background
- On an icy 2008 morning Louis Prager was in a rollover crash, taken to Campbell County Memorial Hospital, and initially discharged after facial/sternum imaging; his cervical spine fracture was not diagnosed then.
- Prager continued to have neck pain, returned two days later with acute symptoms; cervical x-rays then revealed a C4–C5 fracture and he underwent emergency surgery; he suffered permanent nerve damage to his left arm.
- Plaintiffs sued the hospital and ED physician Dr. Cullison in diversity for medical negligence (failure to image/diagnose the cervical fracture); Mrs. Rebecca Prager asserted loss-of-consortium.
- At trial the jury found defendants negligent and awarded $7,000,000 to Louis and $2,000,000 to Rebecca; the district court declined to reduce Louis’s award but remitted Rebecca’s award to $500,000.
- Defendants appealed multiple evidentiary and procedural rulings; Mrs. Prager cross-appealed the remittitur. The Tenth Circuit affirmed Louis’s judgment and reversed the remittitur, ordering reinstatement of Rebecca’s $2,000,000 award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of expert (Dr. Linscott) testimony exceeding pretrial disclosures | Linscott would testify on standard of care and causation; could interpret films at trial | Admission surprised/prejudiced defendants because opinions were not disclosed | Court: no abuse of discretion; defendants were on notice, not prejudiced, and had opportunity to cross-examine/rebut (Smith framework) |
| References to "traumatic brain injury" | Mentions were to concussion/mild TBI as part of acute presentation | Pretrial order forbade referring to permanent TBI; defendants argued prejudice | Court: mentions concerned concussion, not a claim of permanent brain injury; admission proper |
| Exclusion of collateral-source payment evidence (Workers’ Comp discounts) | Discounted amounts reflect actual costs and should limit damages | Such discounts are collateral-source benefits and cannot reduce tortfeasor liability | Court: exclusion proper under collateral-source rule; defendants may not benefit from third-party write-offs |
| Remittitur of Mrs. Prager’s loss-of-consortium award | Jury’s $2M award supported by testimony about marriage impairment and emotional harm | District court found $2M excessive and reduced to $500K as unsupported | Court: reversed remittitur; jury’s award not so excessive as to shock conscience; reinstated $2M |
Key Cases Cited
- Smith v. Ford Motor Co., 626 F.2d 784 (10th Cir. 1980) (factors for assessing surprise/prejudice from undisclosed expert testimony)
- McComb v. United States, 519 F.3d 1049 (10th Cir. 2007) (abuse-of-discretion standard and deference to district court evidentiary rulings)
- Ralston v. Smith & Nephew Richards, Inc., 275 F.3d 965 (10th Cir. 2001) (review standard for expert admissibility rulings)
- Wagner v. Live Nation Motor Sports, Inc., 586 F.3d 1237 (10th Cir. 2009) (standard for judgment as a matter of law review)
- Dolenz v. United States, 443 F.3d 1320 (10th Cir. 2006) (affirming substantial loss-of-consortium award on similar facts)