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Failure to designate proper expert
November/December 2024Donald Baxter retained attorney Alvin Pittman and his law firm to represent him in a medical negligence lawsuit. Pittman allegedly designated an expert to testify in the case. At deposition, however, the expert testified that he had not been asked to provide a damages opinion. Pittman allegedly failed to file a motion to amend the plaintiff’s disclosure to include a damages expert.
After Baxter settled the malpractice suit, he sued Pittman and his firm for legal negligence. The plaintiff also claimed negligent hiring, supervision, and retention. The defendants denied liability.
The jury awarded the plaintiff $10 million in damages, finding Pittman 85% liable.
Citation: Baxter v. Pittman, No. 19TRCV00871 (Cal. Super. Ct. Los Angeles Cnty. Apr. 12, 2024).
Plaintiff counsel: Kenneth J. Melrose, Lompoc, Calif.
Plaintiff experts: Albert Chang, radiation oncology, and Jonathan Ellis, gastroenterology, both of Los Angeles; Michael Farley, law, Visalia, Calif.; and Robert Contreras, life care planning, Long Beach, Calif.
