Wheeler v. Stewart

Blackburn, Judge.

Plaintiff Lillian Wheeler appeals the trial court’s grant of defendant’s motion in limine which excluded evidence of Dr. Jeff L. Stewart’s drug use from the jury in this medical malpractice action. A defendant’s verdict was returned. Because the record indicates that any such drug use occurred after Stewart’s treatment of Wheeler, we affirm the trial court’s exclusion of this evidence as irrelevant to the medical malpractice claim and unfairly prejudicial.

On March 25, 1991, Wheeler was riding in a go-cart with her granddaughter. Her granddaughter drove the go-cart into the…