The Appellate Group

Dierl v. Birkin

Dierl v. Birkin, 2023 UT App 6 (Mortensen, J.)

Civil Procedure

Dierl sued Birkin for malpractice after Birkin overlooked a brain tumor in Dierl’s CT scan. Dierl presented affidavits from two experts to establish causation for his subsequent injuries, but the district court did not admit either of them. The Utah Court of Appeals affirmed, holding:

  • The district court acted within its discretion in these decisions because Expert 1’s affidavit contradicted his deposition testimony, and Expert 2 was not disclosed as a witness.

Read the full court opinion