Thunder Hawk By and Through Jensen v. Union Pacific R. Co
In Thunder Hawk By and Through Jensen v. Union Pacific R. Co., 891 P.2d 773, 779 (Wyo. 1995), the district court refused to allow the plaintiffs' expert, Dr. Radecki, to testify on a matter that was beyond the scope of his expert witness designation. Id.
The specific issue was whether Dr. Radecki would be permitted to testify about how Alex Thunder Hawk's learning disability affected his ability to understand warnings.
The expert witness designation indicated Dr. Radecki would testify about Alex Thunder Hawk's continuing problems with his prothesis and his future medical expenses.
There, the plaintiffs indicated pretrial that Dr. Radecki would testify in accordance with his deposition. Id.
Upon reviewing Dr. Radecki's deposition, the Court could find no instance where Dr. Radecki was specifically asked about his opinion on how Alex Thunder Hawk's learning disability affected his ability to understand warnings and thus concluded the district court did not abuse its discretion in refusing such testimony. Id.