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

> Court of Appeals for the Seventh Circuit · December 6, 1963 · 325 F.2d 322

URL: https://www.frixlaw.com/law-library/cases/9449747

## Case

- **Full name:** Robert L. SPILLERS, Plaintiff-Appellee, v. TRI-STATE GLASS LINED STORAGE, INC., Defendant-Appellant
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** December 6, 1963
- **Citations:** 325 F.2d 322; 1963 U.S. App. LEXIS 3511
- **Precedential status:** Published
- **Opinion:** Dissent by Schnackenberg
- **Judges:** Schnackenberg, Knoch, Kiley
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9449747

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9449747. Public record. Not legal advice.