Lunsford v. Laboratory Corp. of America

I dissent because the trial court violated the continuing witness rule when it allowed the exhibit to go out with the jury.

In Georgia, the “continuing witness” objection is based on the idea that

written testimony is heard by the jury when read from the witness stand just as oral testimony is heard when given from the witness stand. But, it is unfair and places undue emphasis on written testimony for the writing to go out with the jury to be read again during deliberations, while oral testimony is heard but once.6

Although the exhibit was never offered or admitted during Dr. Rachelfsky’s…