Grant v. Petroff

I respectfully dissent.

I cannot accept the majority’s conclusion that the admission of Dr. Hardin’s testimony was so prejudicial as to affect the outcome of the trial.

It is evident that there was some confusion as to what, exactly, Dr. Hardin was testifying. On direct examination he testified that, based upon his examination of the records, the consent Grant gave was informed. Plaintiff’s counsel objected, however, believing that Dr. Hardin was being asked whether or not preoperative oral consent had been given, i.e., whether Grant was being truthful when she said she had not given…