Opinion

Robert L. Spillers v. Tri-State Glass Lined Storage, Inc.

  • 325 F.2d 322
  • 1963 U.S. App. LEXIS 3511
Court
Court of Appeals for the Seventh Circuit
Filed
Dec 6, 1963
Status
Published
Author
Schnackenberg
On the bench
Schnackenberg, Knoch, Kiley
Cited by
0 cases
Authority
More cited than 24.7%

The opinion

SCHNACKENBERG, Circuit Judge

(dissenting).

It is settled law that, upon the trial of a personal injury case when a physician, other than an attending physician, is called to testify for plaintiff, he is not permitted to express an opinion based upon statements made by plaintiff for the purpose of enabling the physician to testify in his behalf. While an attending physician, when called as a witness for plaintiff, may express a medical opinion based in part on statements made by his patient in connection with treatment, Cleveland, C., C. & I. R. Co. v. Newell, 104 Ind. 264, 270 , 3 N.E. 836, 839 (1885), a physician who did not treat plaintiff for the injuries involved is limited to giving an answer to hypothetical questions put to him in court.

For these reasons, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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