Trial Court’s Discretion to Exclude Witnesses is Not Unlimited

The Georgia Supreme Court (“the Court”) recently remanded the decision of a trial court to exclude a defense expert who was not properly disclosed during discovery. In Lee v. Smith, ---S.E.2d --- (2020), the Plaintiff, Smith, was injured in an automobile accident in 2012. Smith filed suit in September 2014 against Lee, who acknowledged liability for the accident. Smith made several claims, but did not identify a future lost earnings claim until April 2017. On April 5, 2017, the trial court entered a scheduling order requiring identification of all witnesses by May 12, 2017. Smith identified his damages witness on May 12, 2017. Lee deposed Smith’s witness in June and a week later, Lee id

Georgia Court of Appeals Affirms Excessive Medical Bills are Inadmissible

In this matter before the Court of Appeals, Mr. Clouthier, who was involved in a tractor-trailer accident, filed suit against the Medical Center of Central Georgia (MCCG) because MCCG placed a lien on his causes of action. MCCG, at some point, learned that the injuries sustained were due to the actions of a third party (the tractor-trailer) and filed a hospital lien against Mr. Clothier’s personal injury suit. After Mr. Clouthier settled his suit, he then sued MCCG, stating that the lien amount was “not reasonable” under Georgia law. Clouthier specifically alleged that the charges by MCCG were for the “full chargemaster rate” or “sticker price” of his medical procedures. A trial judge dis

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