For Your Data Walters V. Hitchcock Illustration Brief

Walters v. Hitchcock illustration brief summary
697 P.2d 847 (1985)

CASE SYNOPSIS

Appellant medico sought review of the conclusion of the Wyandotte District Court (Kansas), which institute inwards favor of appellee tort victim inwards her medical malpractice activity against the doctor.

CASE FACTS
The tort victim had a lump on her cervix that was discovered past times her menage unit of measurement physician. The victim underwent a depression adventure operation. Her esophagus was badly damaged every bit a result. Subsequently, the victim's status worsened. The victim brought a medical malpractice activity against the doctor. The jury returned a verdict for the victim.

DISCUSSION

On appeal, the courtroom affirmed.
The victim's attorney allegedly made improper remarks inwards his closing argument.
The courtroom institute that the comment "who would sell" was a fair declaration together with did non constitute a "golden rule" argument.
The counsel's farther declaration that he would non sell his esophagus for a meat of coin was an improper declaration because it was testimonial inwards nature.
However, the courtroom institute that it was non plenty to constitute a reversible error. An objection to the declaration was sustained at the fourth dimension together with no admonition was given because the medico did non asking one.
The courtroom concluded that the medico failed to present that he was prejudice past times the exclusion of for certain testimony relative to causation because the excluded testimony was cumulative together with did non materially to the weight or clarity of the evidence.

CONCLUSION
The courtroom affirmed.

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