Vahai v. Gertsch
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In this personal injury action, the Supreme Court affirmed the judgment of the district court awarding Plaintiff damages and finding Ryan Gertsch to be seventy-five percent liable for Plaintiff's permanent injuries to her cervical and lumbar spine, holding that there was no prejudicial error in the proceedings below.
Plaintiff was rear-ended first by Gertsch and then, fifteen months later, by James Frew. Plaintiff sued both Gertsch and Frew. Both defendants admitted negligence, and the jury awarded Plaintiff $10,000 in damages, finding Gertsch and Frew to be seventy-five percent and twenty-five percent responsible, respectively. The district court entered judgment in accordance with the jury's verdict. Plaintiff settled with Frew after the jury's verdict. Plaintiff appealed, raising arguments as to the judgment against Gertsch. The Supreme Court affirmed, holding (1) the district court erred in allowing Gretsch's Rule 35 examiner to testify despite Gertsch's failure to comply with Wyo. R. Civ. P. 26(a)(2)(B), but the admission of the examiner's testimony was harmless; (2) Gertsch's closing argument was not plainly erroneous; and (3) the district court did not err in requiring Plaintiff to disclose her substance abuse treatment records and in allowing them to be admitted at trial.
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