Legal Opinion · Dissent

Stearns v. Plucinski

Court of Appeals of Minnesota

Decided March 17, 1992No. C1-91-1167Published

1DissentKlaphake, Judge

I concur with the majority as to the jury instructions. The trial court gave a correct statement of the applicable law. I must respectfully dissent, however, because I believe the admission of inadmissible hearsay testimony regarding the CVC committee’s review of appellant’s cardiovascular charts was an abuse of discretion which clearly prejudiced appellant.

On cross-examination, appellant’s counsel asked two questions about the CVC committee:

Q. Doctor, does North Memorial Medical Hospital have a CVC committee?

A. Yes.

Q. What is that?

A. The CVC committee is the cardiovascular coordinating…

2Cases cited3 opinions

  1. Independent School District No. 35 v. A. Hedenberg & Co.Supreme Court of Minnesota · 1943
  2. Zubryski v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1955
  3. Bradley v. ShawSupreme Court of Minnesota · 1976

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