Oleksiw v. Weidener

The question raised by this appeal is whether in a malpractice action expert testimony may be elicited from a physician defendant called by plaintiff “as if under cross-examination,” pursuant to Section 2317.07, Revised Code.

This section provides as follows:

“At the instance of the adverse party, a party may be examined as if under cross-examination, orally, by way of deposition, like any other witness * * *. The party calling for such examination shall not thereby be concluded but may rebut it by evidence.”

The obvious purpose of this section is to permit the production of all pertinent…