Petitioner: BARBARA L. TRATTLER, individually, as representative of the ESTATE OF LARRY TRATTLER, deceased, and as next friend of LARRY T. TRATTLER, ADAM G. TRATTLER, and ANDREW D. TRATTLER, minor children, v. Respondents: DANIEL C. CITRON, M.D.; COLORADO INTERNAL MEDICINE CENTER, P.C.; MARK W. KELLER, M.D.; and AURORA DENVER CARDIOLOGY ASSOCIATES, P.C., 182 P.3d 674

Summary

The wife alleged that the physicians were liable for the patient's death because they failed to find the arterial blockage that eventually led to his heart attack. On appeal, the court held that because the trial court misread Colo. R. Civ. P. 37(c)(1) to require witness preclusion for failure to disclose testimonial history, failed to consider other sanctions provided in the "in addition to or in lieu of" section of Rule 37(c)(1), and imposed a sanction that was not commensurate with the nature of the violation, the trial court abused its discretion by precluding the experts' testimony. Precluding the experts' testimony was disproportionate because: (1) their testimonial history was not central to the case; (2) defendants knew their identity and had already undertaken lengthy depositions; (3) the trial court believed that the wife had acted in good faith and was not to blame for the insufficient disclosure; and (4) defendants possessed or could have readily accessed the experts' ...