Nature of the Case
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Facts
P sought recovery for damages sustained from an auto accident. During trial, the court refused D the permission to use a medical treatise by a Dr. Gotten and another author Dr. Eggers in the Journal of the American Medical Association to impeach the testimony of P's expert witness a Dr. Van Demark; medical books and treatises are not admissible to prove the truth of the matter asserted therein (hearsay), and the witness did not rely upon them in formulating his opinion. The verdict went to P and D appealed.
Holding and Decision
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Legal Analysis
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