The common knowledge exception applies to this case. An agent that brings something about. Dr. Abay admitted that he was the person that caused the surgery to be performed on the wrong vertebrae. It is a mystery how Dr. Abay successfully argued to the district court that his negligence did not cause him to operate on the wrong vertebrae. Confusion was created when Dr. Abay suggested that a finding of liability did not subsume the issue of causation.
Liability goes further than cause.
Dr. Abay admitted the injury, which is a separate and distinct issue from the issue of what damage was caused. During pretrial depositions, Schwartz admitted that his leg pain was gone after the third surgery. As a result of this rating, Schwartz' employer could no longer provide him with an accommodated position, and his employment was terminated. The trial court did not consider Schwartz' Functional Capacity Evaluations in granting Dr. Abay summary judgment. Dr. Abay states that admission of the evaluations was properly denied because, as evidence, they were not in compliance with K.S.A. 60-256.