Arrequin-Leon v. Hadco Construction, 2020 UT 59 (Aug. 17, 2020)

The supreme court held that the district court erred in permitting the expert to offer a causative opinion never disclosed based on a blanket assertion that the opposing party elected a deposition, as opposed to a report.  In rejecting the blanket assertion argument, the supreme court noted that a party that fails to “lock-in” an expert’s testimony during an expert deposition still runs a risk of the admission of surprise testimony at trial.