Swyden v. Killiam

DOOLIN, Justice.

The trial court in this case admitted certain hospital records into evidence over Defendant’s objections, after same had been identified by Plaintiff’s (Appellee’s) doctor. Thereafter the Defendant’s (Appellant’s) doctor, likewise an expert, was cross-examined, sometimes directly from the hospital records.

Two questions are immediately presented for decision:

1. Were the hospital records correctly admitted into evidence ?

2. Was the cross-examination of Defendant doctor proper under the circumstances ?

The pertinent facts revealed by the record are that Plaintiff suffered from a…