Opinion
Docket No. 14805.
Decided March 7, 1974.
Appeal from Wayne, James L. Ryan, J. Submitted Division 1 August 7, 1973, at Lansing. (Docket No. 14805.) Decided March 7, 1974.
Complaint by Ray Mauricio, administrator of the estate of Teresa Mauricio, against Joseph C. Tobias for wrongful death. Judgment for plaintiff. Defendant appeals. Affirmed.
Proviser Eisenberg, P.C. (Zemke Lustig, P.C., of counsel), for plaintiff.
Rouse, Selby, Dickinson, Pike Mourad, for defendant.
This is a wrongful death action pursuant to MCLA 600.2922; MSA 27A.2922. Defendant appeals from a jury verdict for plaintiff.
First, defendant argues that plaintiff's deposition was inadmissible evidence under GCR 1963, 302.4. Defendant did not move to strike this evidence. Absent a showing of manifest injustice, objections to the admission of evidence cannot be raised for the first time on appeal. Arnold v Ellis, 5 Mich. App. 101; 145 N.W.2d 822 (1966); People v Gill, 12 Mich. App. 383; 163 N.W.2d 14 (1968); People v Myers, 30 Mich. App. 409; 186 N.W.2d 381 (1971). Although we recognize that from the viewpoint of the defendant it would have been preferable if plaintiff had been present in court to give his testimony before the jury, we are not persuaded that manifest injustice resulted from the admission of this deposition. Therefore, its admission was not reversible error.
Next, defendant contends that excluding from evidence a portion of decedent's hospital record was improper. The portion excluded was a statement that decedent "has apparently been drinking". Under the business record statute, MCLA 600.2146; MSA 27A.2146, hospital records are admissible to the extent they record acts and events such as admissions, discharges, and hospital ministrations, although they ordinarily are not admissible as a means of introducing medical history or diagnosis. See Gile v Hudnutt, 279 Mich. 358; 272 N.W. 706 (1937); Sadjak v Parker-Wolverine Co, 281 Mich. 84; 274 N.W. 719 (1937); Valenti v Mayer, 301 Mich. 551; 4 N.W.2d 5 (1942); In re Nickel's Estate, 321 Mich. 519; 32 N.W.2d 733 (1948); Case v Vearrindy, 339 Mich. 579; 64 N.W.2d 670 (1954); Bauer v Veith, 374 Mich. 1; 130 N.W.2d 897 (1964).
The trial court correctly ruled that the statement in the hospital record "has apparently been drinking" was inadmissible. This was an opinion as to previous activity of the decedent. The hospital record contained no information as to the identity of the person expressing the opinion and hence not even threshold information as to his or her qualifications for expressing it, nor did it contain any of the factual data upon which it was founded. It was unreliable evidence and was properly excluded.
We find no error in the admission of that part of the hospital record which contained the statement that the patient "denies medical diseases". Although this may be considered to be part of the history, it was not introduced for the purpose of proving the truth of the statement but rather for the purpose of proving that the patient was alive when she reached the hospital and capable of experiencing pain and suffering. The evidence was reliable for that purpose and was properly admitted.
We have reviewed defendant's other assignments of error and find them without merit.
Affirmed. Costs to appellee.