Temple v. Mary Washington Hosp.

Plaintiff filed a complaint in 2010 alleging wrongful death and medical malpractice against healthcare providers (Defendants). During pretrial discovery, Plaintiff filed two separate motions to compel, which the trial court denied. Prior to trial, Plaintiff took a voluntary nonsuit. In 2010, Plaintiff filed a new complaint against the same defendants alleging the same cause of action. The trial court entered an agreed order incorporating the discovery conducted and taken in the 2010 action into the 2012 action. After the jury returned a defense verdict, Plaintiff filed a motion for a new trial and to reconsider certain evidentiary rulings, challenging the trial court’s denial of her motions to compel in the nonsuited action. The trial court denied the motion for a new trial. The Supreme Court affirmed, holding that because the trial court’s agreed order did not expressly incorporate the motions, objections, or rulings made by the court in the 2010 nonsuit action into the 2012 action, these rulings could not be challenged in this appeal. View "Temple v. Mary Washington Hosp." on Justia Law