Defendants appealed the trial court’s grant of plaintiff’s motion for a new trial. Plaintiff was examined at birth and by her pediatrician during numerous visits over a two-year period. The following year, plaintiff was diagnosed with hip dysplasia. Plaintiff sued defendants, alleging that defendants negligently failed to diagnose her hip dysplasia at her birth and during her infancy. After a jury found in favor of defendants, plaintiff successfully moved for a new trial, arguing that defendants’ expert asserted a new opinion at trial that contradicted his deposition testimony.
Where the trial court did not abuse its discretion in finding that defendants’ causation expert testified to a new opinion at trial that contradicted his deposition testimony, there was no error in granting a new trial where plaintiff was prejudiced by the change in opinion testimony.
Judgment is affirmed.
Z.R. v. Kansas City Pediatrics, LLC (MLW No. 80678/Case No. WD85751– 17 pages) (Missouri Court of Appeals, Western District, Ardini, Jr., J.) Appealed from circuit court, Jackson County, Torrence, J. (John R. Hicks, Leawood, KS for appellants) (Robert D. Kingsland, Kansas City, MO for respondents)