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. The petitioners contend the prophylactic removal was unnecessary because their expert waived any conflict of interest arising out of the previous representation. Court agree and grant the petition.
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