Noland v. Mutual of Omaha Insurance

But one question is raised on this appeal: Whether the trial judge committed prejudicial error when he refused to admit into evidence the exhibit containing Dr. Siverhus’ report concerning Rosemarie Noland.

On this appeal, plaintiff, in supporting the trial judge’s exclusion of the evidence, relies upon a single proposition that, whether or not an out-of-court hospital record prepared by a physician would be otherwise admissible, it is, under the rules of this court, to be excluded when assertions therein constitute a diagnosis or medical opinion.

On the appeal, the plaintiff apparently has…