Hodge v. Duley

Alleging error committed by the trial court, a husband and wife appeal from a judgment entered on a jury verdict for the wife in the amount of $525 for negligent injury when her car was struck in the rear by a vehicle operated by the appellee. 1

The principal issue presented is whether the presiding judge improperly permitted Dr. Bernard J. Walsh, a qualified cardiologist who examined the wife at the request of counsel for the appellee-defendant, to relate the wife’s medical history and to testify without the use of a hypothetical question concerning his diagnosis of her condition and the…