Kevin F. Marchand v. Mercy Medical Center, an Idaho Corporation, and Neil K. Farris, D.O.

Opinion by Judge EUGENE A. WRIGHT.

A jury awarded Kevin Marchand $4.2 million in a medical malpractice action. He then petitioned to recover attorneys’ fees and costs under Fed.R.Civ.P. 37(c), because three defendants failed to admit key requests for admission that he proved at trial. The district court ordered Dr. Neil Farris to pay Marehand’s reasonable expenses. Farris appeals this award and we affirm.

BACKGROUND

Kevin Marchand was seriously injured in an industrial accident. To prevent movement of his neck, paramedics placed him on a back board with a cervical neck collar, sandbags on both sides of his head, and tape stretched across his forehead between the sandbags. The immobilization devices were used to prevent movement of his neck. An ambulance rushed him to Mercy Medical Center. Several physicians treated him in the emergency room, the radiology department, and the intensive care unit (ICU).

Farris provided care to Marchand in the emergency room and radiology department. He and the other doctors agreed to order a full set of cervical spine x-rays. While in the radiology department Farris removed Mar-chand’s cervical collar. He said this was necessary because Marchand…