WHITLEY v. C.R. PHARMACY SERVICE, INC.

No. 10-0843.

816 N.W.2d 378 (2012)

Misty M. WHITLEY, Appellant, v. C.R. PHARMACY SERVICE, INC. d/b/a Fifth Avenue Pharmacy, and Fifth Avenue Compounding, Appellees.

Supreme Court of Iowa.

June 29, 2012.


Attorney(s) appearing for the Case

Robert E. Breckenridge of Breckenridge Law, P.C., Ottumwa, for appellant.

Christopher L. Bruns and Robert M. Hogg of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellees.


CADY, Chief Justice.

In this case, we must decide whether the district court erred in admitting exhibits directed to the issue of fault in a pharmacy malpractice action that were not disclosed during the pretrial discovery. The court of appeals found the district court abused its discretion by not excluding the evidence as a sanction for violating both the pretrial order of the district court to disclose all exhibits prior to trial and the spirit and purpose of our...

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