Opinion
No. 40665
Decided June 28, 1967.
Evidence — Privileged communications — Section 2317.02, Revised Code — Physician and patient — Plaintiff's attending physician called by defendant — May testify without patient's waiver, when.
APPEAL from the Court of Appeals for Ashtabula County.
The facts are sufficiently stated in the opinion of the Court of Appeals, reported in 7 Ohio App.2d 97.
Mr. Howard M. Nazor and Mr. Gordon L. Nazor, for appellant.
Messrs. Sheldon Warren and Mr. James C. Warren, for appellee.
The judgment is affirmed for the reasons stated in the Court of Appeals opinion, and the cause is remanded for a new trial.
Judgment affirmed.
TAFT, C.J., ZIMMERMAN, TROOP, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.
TROOP, J., of the Tenth Appellate District, sitting for MATTHIAS, J.