Montgomery v. Superior Court of Orange County

Laura and Douglas Montgomery (the Montgomerys) are the plaintiffs in a medical malpractice action against physician Mark Knight. They petition for relief from the order of the trial court removing their only expert witness on the medical standard of care and causation. The trial court found the expert created an irreconcilable conflict of interest for Knight’s counsel because he had represented the expert 10 years before. Petitioners contend the prophylactic removal was unnecessary because their expert waived any conflict of interest arising out of the previous representation. We agree and grant the petition.

BACKGROUND

In December 2007, the Montgomerys filed a complaint against Knight and Euclid Outpatient Surgery Center, alleging that Knight was negligent when performing liposuction on Laura, causing injury. Douglas alleged damages arising from the loss of his wife’s consortium.

On March 23, 2009, the Montgomerys filed their expert designation, listing Laura’s treating physicians and John M. Shamoun, a board-certified plastic surgeon, who was expected to provide testimony on “the applicable standard of care, causation of damages and damages.” At that time, trial was…