After a jury returned a defense verdict in Sean Elliott’s medical-malpractice action, the trial court had excluded nurse Savannah Sullivan’s testimony about whether the surgeon was at Elliott’s bedside when he lost movement in his legs. Sullivan had not been disclosed during discovery, although her name appeared in medical records available to both sides. The Court of Appeals held that excluding her material testimony was an improper discovery remedy: the defendants did not request a postponement or mistrial, and the trial court declined Elliott’s proposal to let them question or depose Sullivan before she testified. Because the exclusion was an abuse of discretion, the court reversed the defense verdict and remanded for a new trial.