Kraner v. Coastal Tank Lines, Inc.
| Decision Date | 14 April 1971 |
| Docket Number | No. 70-307,70-307 |
| Citation | 269 N.E.2d 43,55 O.O.2d 68,26 Ohio St.2d 59 |
| Parties | , 55 O.O.2d 68 KRANER, a Minor, Appellee, v. COASTAL TANK LINES, INC., Appellant. |
| Court | Ohio Supreme Court |
Plaintiff-appellee, Kathy Kraner, a minor, initiated this action to recover damages for injuries arising from a collision on March 10, 1960, between the school bus in which she was riding and defendant-appellant's tank truck, driven by its employee. Dr. George D. Mogil, Kathy's treating physician, referred her to Dr. Martin P. Sayers who gave her a physical and neurological examination in June 1960. In his deposition, which was admitted in evidence, Dr. Sayers stated that he requested Dr. Milton Parker to administer three electroencephalograms to the plaintiff on June 15, 1960, July 27, 1960, and November 16, 1966. In this deposed testimony, Dr. Sayers testified, without specific objection, regarding the three reports which he received from Dr. Parker. The last time Dr. Sayers saw the plaintiff was on November 16, 1966.
Two weeks prior to the trial in this case, plaintiff's counsel contacted Dr. Beryl Oser in order to make an appointment with him for an examination of the plaintiff. Dr. Oser testified that he examined the plaintiff with the understanding that he would testify at the trial. He referred Kathy to Dr. Parker for a fourth electroencephalogram. By the time of the trial, however, Dr. Oser had not treated the plaintiff. During the trial, Dr. Oser testified, over objection, as to the contents of the December 26, 1968, report which he received from Dr. Parker.
Dr. Parker was not called as a witness, nor were any of the four reports rendered to either Dr. Sayers or Dr. Oser offered in evidence.
The trial judge directed a verdict for the plaintiff at the close of the evidence, leaving to the jury the issue of the amount of damages. The jury returned a $20,000 verdict for the plaintiff, and judgment was entered upon the verdict. Defendant's motion for new trial having been denied by the trial court, the defendant appealed to the Court of Appeals which, by a divided court, affirmed, 22 Ohio App.2d 1, 257 N.E.2d 750. The cause is now before this court pursuant to the allowance of a motion to certify the record.
Graham & Graham and Thomas R. Bopeley, Zanesville, for appellee.
Reese, Fitzgibbon & McNenny and James H. McNenny, Newark, for appellant.
Subsequent to the point at which Dr. Oser related the content of Dr. Parker's fourth report, Dr. Oser responded,...
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...witness or upon facts shown by other evidence. Burens v. Indus. Comm. (1955), 162 Ohio St. 549, 124 N.E.2d 724;Kraner v. Coastal Tank Lines (1971), 26 Ohio St.2d 59, 269 N.E.2d 43. Expert-opinion testimony based upon hypothetical situations not introduced into evidence may be properly exclu......
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