Devore v. Schaffer

(dissenting) — I agree with all but Divisions I and II of the majority opinion but dissent from those divisions and the reversal.

The specific error which the majority finds in Divisions I and II is in that part of the admonition that told the jury to disregard the doctor’s opinion testimony unless based on the doctor’s physical examination. The majority holds neither the court nor the jury could determine what the doctor’s opinion would be “without reference to what plaintiff told him.” I do not understand the majority to hold the admonition and instruc*1026tion were insufficient or confusing, in…