Reese v. Stanton, 2015 MT 293 (Oct. 13, 2015) (Rice. J.) (5-0, aff’d & rev’d)
Issue: (1) Whether the district court abused its discretion in admitting into evidence opinions and reports of doctors who did not testify at trial; (2) whether the district court abused its discretion when it excluded evidence of the original charges billed by medical providers; and (3) whether the district court abused its discretion in striking portions of a video deposition as previously undisclosed expert opinion.
Short Answer: (1) yes, and the error affected the outcome of trial; (2) yes, as held in Meek; and (3) no.
Affirmed in part, reversed in part, and remanded for a new trial
Facts: In November 2009, while working for Montana Coffee Traders, Inc., Robin Reese was injured while riding in a van struck by a bus owned by Harlow’s School Bus Service.…