Legal Opinion

Turfe v. Intihar

Michigan Court of Appeals

Decided January 24, 1972No. Docket No. 10253Published

1Per curiam

Plaintiff, Fred Turfe, received a jury judgment for $818.50 against defendant, Thomas Intihar, in an automobile negligence action.

On appeal plaintiff raises the issue that the trial court abused its discretion by restricting plaintiff’s *145rebuttal medical testimony. We find that the proffered rebuttal testimony could have been offered in plaintiff’s main case.

It is tbe general rule that whether evidence which could have been offered before resting may be given in rebuttal is a matter within the discretion of the trial court. An examination of the record does not demonstrate any abuse of…

2Cases cited4 opinions

  1. People v. UtterMichigan Supreme Court · 1921
  2. Beebe v. KoshnicMichigan Supreme Court · 1885
  3. People v. FinnisterMichigan Court of Appeals · 1971
  4. Lexchin v. MathewsMichigan Supreme Court · 1934

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