The Appellate Group

Brinkerhoff v. Fleming

Brinkerhoff v. Fleming, 2023 UT App 92 (Christiansen Forster, J.)

Civil Procedure

Passenger was injured in a car accident and sued the driver of the other vehicle. The district court granted summary judgment to the driver because Passenger’s expert, who provided the basis for her causation argument, was excluded. The Utah Court of Appeals affirmed, holding:

  • The district court correctly excluded the expert under rule 26(d)(4) of the Utah Rules of Civil Procedure, because Passenger did not disclose the information expert relied on in forming his opinions.
  • Judicial Tip: Model Jury Instruction CV2021 provides direction on how to calculate future damages, and an expert is not necessary to make that calculation.

Read the full court opinion