[Download] "Daniel Schneller v. St. Marys Hospital" by United States Court of Appeals for the Third Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: Daniel Schneller v. St. Marys Hospital
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 05, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

The plaintiffs, Daniel Schneller, a minor, and his parents, Thomas and Cheryl Schneller, (the Schnellers), seek review of a court of appeals decision affirming the circuit courts grant of summary judgment dismissing their medical malpractice case against the defendants, St. Marys Hospital Medical Center and three doctors (collectively, St. Marys). The dismissal of the Schnellers case was the outcome of the circuit courts order denying the Schnellers untimely motion to amend the scheduling order to allow them to name liability experts essential to prosecuting their case. The issue is whether the circuit court abused its discretion by denying their motion and precluding them from naming expert witnesses even though the effect of that order was the dismissal of their case. We conclude that the circuit court did not abuse its discretion by denying the Schnellers motion because the conduct of the Schnellers initial counsel in failing to comply with the courts scheduling order was without cause. We further conclude that the effective dismissal of the Schnellers case was not an abuse of discretion because the circuit court had a rational basis for implicitly determining that the Schnellers initial counsels conduct was egregious and without a clear and justifiable excuse. Accordingly, we affirm.

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