Ernest W. Sipe v. F. Raymond Porter

Ernest W. Sipe ("Plaintiff") sued F. Raymond Porter, M.D. ("Dr. Porter") regarding Dr. Porter's medical care of Gladys Louise Sipe. Plaintiff filed his expert's affidavit. Plaintiff's expert then was deposed. During this deposition, defense counsel questioned Plaintiff's expert about portions of Ms. Sipe's medical record that Plaintiff's expert had not reviewed previously. Dr. Porter then filed a motion for partial summary judgment. After his deposition, Plaintiff's expert reviewed all of the previously unreviewed records, and Plaintiff then filed a supplemental affidavit of his expert. The Trial Court applied the rule of cancellation and found that Plaintiff's expert's opinions were contradictory and that his testimony as an expert witness should be cancelled and disregarded as competent proof in this case. The Trial Court then granted Dr. Porter's motion for partial summary judgment. Plaintiff appeals. We reverse and remand.