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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