Summary Judgment Granted after Expert Is Conflicted Out of Case

Disqualification of the sole expert witness in a legal malpractice suit did not warrant a continuance. Rutyna v. Schweers serves as a reminder of the importance of selecting experts for trial and how parties that fail to wisely choose experts do so at their own peril.

Dismissed Case Leads to Malpractice Suit

The conflict in Rutyna began when William S. Schweers filed a medical malpractice complaint on behalf of the Rutynas against Dr. William P. Donaldson III and a hospital. The complaint alleged that Dr. Donaldson and the hospital negligently injured Rutyna during his back surgery. After Donaldson failed to file a required certificate of merit, the trial court entered a default judgment and dismissed the Rutynas' suit.