Summary
finding error in permitting the credibility of expert witness to be bolstered through use of a medical treatise
Summary of this case from Donshik v. ShermanOpinion
No. 88-0900.
April 11, 1990. Rehearing Denied May 30, 1990.
Appeal from the Circuit Court, Broward County, Frank A. Orlando, J.
Philip M. Burlington of Edna L. Caruso, P.A., and James D. Wilkerson of Schuler Wilkerson, P.A., West Palm Beach, for appellant.
Marjorie Gadarian Graham, of Marjorie Gadarian Graham, P.A., and Alan C. Espy of Sellars, Supran, Cole, Marion Espy, P.A., West Palm Beach, for appellees.
Reversed and remanded for a new trial. We agree with appellant that the trial court erred in allowing appellees to bolster the credibility of its expert witness by the use of a medical treatise, and in admitting improper impeachment evidence against one of appellant's medical experts. See Chorzelewski v. Drucker, 546 So.2d 1118 (Fla. 4th DCA 1989); 3-M Corp. — McGhan Med. Reports v. Brown, 475 So.2d 994 (Fla. 1st DCA 1985).
DOWNEY and ANSTEAD, JJ., concur.
LETTS, J., dissents without opinion.