The Appellate Group

Hallett v. Tully

Hallett v. Tully, 2024 UT App 90 (Orme, J.)

Evidence

A patient brought a medical negligence suit against a nurse practitioner for his failure to recognize signs of a stroke when Patient sought emergency care. The trial court granted the Nurse’s motion for judgment as a matter of law. Patient appealed that decision as along with the trial court’s rulings excluding the Patient’s causation expert and another ruling limiting the testimony of a fact witness. The Utah Court of Appeals reversed in part and affirmed in part, holding:

  • The district court erred when it excluded the witness entirely, because any concerns with the expert’s causation opinion relate to its weight, not its reliability. 
  • Practice tip: A fact witness can be properly limited when testifying about her opinions on the standard of care.

Read the full court opinion