Latest Case This Week: Lubing v. Tomlinson (Wyo.)

#MeToo and What Men and Women Are Willing to Say and Do

SHERRY F. COLB

Cornell Law professor Sherry F. Colb explores why people have such strong feelings about the #MeToo movement (whether they are advocates or opponents) and suggests that both sides rest their positions on contested empirical assumptions about the behavior of men and women. Colb argues that what we believe to be true of men and women generally contributes to our conclusions about the #MeToo movement and our perceptions about how best to handle the accusations of those who come forward.

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Lubing v. Tomlinson

Court: Wyoming Supreme Court

Citation: 2020 WY 105

Opinion Date: August 10, 2020

Judge: Gray

Areas of Law: Medical Malpractice, Personal Injury

The Supreme Court affirmed the judgment of the district court finding in favor of Defendant, an anesthesiologist, on Plaintiff's medical negligence claim, holding that the district court did not abuse its discretion when it denied further investigation into a juror's communication with the court bailiff and that the erroneous admission of testimony regarding Defendant's character for truthfulness was harmless. Plaintiff brought this lawsuit claiming that Defendant negligently performed a regional block procedure in preparation for surgery to repair Plaintiff's broken wrist. After a trial, the jury unanimously found Defendant was not negligent. On appeal, Plaintiff argued that the district court erred when it refused to reopen voir dire after a juror spoke with the bailiff and abused its discretion when it allowed a defense witness to testify to Defendant's character for truthfulness. The Supreme Court affirmed, holding (1) Plaintiff's waived her challenge to the participation of the juror at issue, and even if she hadn't, the district court did not abuse its discretion in its treatment of the juror's communication with the bailiff; and (2) the district court abused its discretion in admitting testimony vouching for Defendant's honest character, but this error did not prejudice Plaintiff.