Frazier v. Hurd

Defendant, Dr. Douglas B. Hurd, an osteopathic physician, assisted by Dr. A. Robert Klueka, performed an oophorectomy 1 2 on the plaintiff, Frances Frazier. Plaintiff had been referred to defendant by Dr. Klueka. Plaintiff’s cause of action for malpractice arose out of the aforementioned surgical procedure.

At trial, plaintiff attempted to cross-examine Dr. Klueka, pursuant to the adverse party statute, 3 on the theory that he was the agent of the defendant when the operation was performed. The court ruled that Dr. Klueka was not an agent within the meaning of the statute and also overruled…