Gallo

Failure to timely disclose an expert witness or to provide a brief statement of the expected testimony when required by Code of Civil Procedure section 2037 will preclude the calling of that witness. Relief from these omissions must be supported by an adequate showing of excuse and by a showing of no prejudice to an objecting party.

Plaintiffs Phyllis and Angelo Gallo brought a suit for medical negligence against defendants Peninsula Hospital and Doctors Wilson and Fisher. After Mrs. Gallo’s death, she was dismissed as a party to the action, and the heirs brought a suit for wrongful death against the same defendants; the actions were consolidated for trial. Dr. Wilson was voluntarily dismissed and Dr. Fisher settled on the first day of trial. Peninsula Hospital remained as the sole defendant.

The jury returned verdicts for defendant hospital on the medical negligence and wrongful death actions. The jury found no negligence on the hospital’s part and a finding on the proximate cause issue was therefore unnecessary. Plaintiffs’ motion for a new trial was denied.

On appeal from the judgment, plaintiffs argue (1) that the trial court abused its discretion in permitting the…