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SOVDE BY AND THROUGH KINNEY v. SCOTT

Court of Appeals No. 16CA0448.

410 P.3d 778 (2017)

2017 COA 90

Shawn SOVDE, a minor, BY AND THROUGH his mother and next friend, Katrina KINNEY, Plaintiff-Appellant, v. Kevin SCOTT, D.O.; and Andrew Sarka, M.D., Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Announced June 29, 2017.

Attorney(s) appearing for the Case

Andrew T. Brake, P.C., Andrew T. Brake , Englewood, Colorado, for Plaintiff-Appellant.

Hershey Decker, PLLC, C. Todd Drake , Lone Tree, Colorado, for Defendants-Appellees.

¶ 1 Colorado's Rules of Civil Procedure require parties to lawsuits to endorse expert witnesses and to inform each other of the substance of the expert witnesses' testimony. But what happens if one party withdraws an endorsed "may call" expert witness shortly before trial or during trial, and the opposing party then...

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