Montgomery v. Gardiner
Montgomery v. Gardiner, 2025 UT App 146 (Luthy, J.)
Civil Procedure/Evidence
The Utah Court of Appeals held:
- The district court incorrectly granted the medical group’s motion for judgment as a matter of law because Expert’s testimony provided evidence to support a finding of causation.
- Practice Tip: Rule 702 of the Utah rules of evidence establishes a minimum baseline for qualification for experts and does not mandate calling only the most highly qualified experts.
- Practice Tip: When a plaintiff’s injuries involve pre-existing conditions, attorneys should elicit expert testimony that specifically ties the defendant’s negligence to the progression or worsening on these conditions.