MONFORE V. PHILLIPS
778 F.3d 849 (10TH Cir. 2015)
NATURE OF THE CASE: Phillips (D) appealed a court order that refused to allow him to
amend the final pretrial order based on the fact that his codefendants left him to stand
trial alone.
FACTS: Sherman went to the hospital complaining of neck pain. Tests showed he probably
had throat cancer. It was treatable but required immediate attention. The news never made it
to him. Instead, Sherman was sent home with a prescription for antibiotics. By the time he
learned the truth a year later, it was too late. He died. Monfore (P), Sherman's wife sued
for negligence against the doctors and hospital. For twenty months Ds maintained a unified
front, denying any negligence by anyone. Two weeks before trial, some of the defendants
settled. Phillips (D) wasn't one of those. Left to stand trial and with just days before
jury selection, d sought permission to amend the pretrial order so he could revamp his trial
strategy. D wanted to pursue a defense pinning the blame on the absent settling defendants,
arguing that they were indeed negligent and that they - not he - should be held responsible
for any damages. The motion to amend the final pretrial order sought permission to introduce
new jury instructions, exhibits, and witnesses aimed at advancing this new defense. The
district court denied the motion and at the trial's end the jury found him liable for
damages of a little over $1 million. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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