Klimko v. Rose

The opinion of the Court was delivered by

WILENTZ, C. J.

Plaintiffs, George and Theresa Klimko, brought this action against Dr. Rose, a chiropractor, for injuries to Mr. Klimko including a stroke and temporary paralysis, which allegedly resulted from chiropractic adjustments performed upon him' by defendant. Plaintiff’s only expert witness was a medical doctor. For reasons discussed below he was unavailable for cross-examination, and his direct testimony was therefore stricken. Believing that he had no case without the stricken testimony, Klimko moved for a mistrial. The trial court denied the…