Description
Civil Evidence: Expert/Factual Evidence. A judge had erred in refusing to admit the evidence of a surgeon who had treated the claimant in a personal injury action, on the basis that to admit the evidence would have exceeded a limit on expert witnesses allowed at trial, as his statement was merely evidence of fact about what he himself would have done in hypothetical circumstances and not an expert opinion on what most competent surgeons would have done in the same situation.
