Waters v. Barbe

NUGENT, Chief Judge.

Plaintiff Pamela S. Waters appeals the judgment of the circuit court entered on a jury verdict in favor of the defendant, Robert M. Barbe, a dental surgeon. We reverse and remand the trial court’s judgment and order a new trial.

In her first point on appeal, the plaintiff contends that the trial court erred in excluding the testimony of a witness offered in rebuttal to the defendant’s testimony, ruling that since she offered the witness after the first day of trial, his testimony would have prejudiced the defendant through unfair surprise. In her second point, Ms. Waters…