Evidence—Treatise may be used for impeachment purposes to demonstrate that expert witness is either unaware of the text or unfamiliar with its contents—Substance of treatise employed only to impeach credibility of expert witness who has relied upon treatise.
.]
WILLIAMS, EXR., APPELLANT, v. O'BRIEN ET AL., APPELLEES.
[Cite as Williams v. O'Brien,
1995-Ohio-276
.]
Evidence—Treatise may be used for impeachment purposes to demonstrate that
expert witness is either unaware of the text or unfamiliar with its contents—
Substance of treatise employed only to impeach credibility of expert witness
who has relied upon treatise.
(No. 93-111—Submitted April 25, 1995—Decided June 7, 1995.)
APPEAL from the Court of Appeals for Montgomery County, No. 12344.
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John H. Metz, for appellant.
Jenks, Surdyk & Cowdrey Co., L.P.A., and Robert F. Cowdrey, for appellees
Paul E. O'Brien and Paul E. O'Brien, M.D., Inc.
Bieser, Greer & Landis, Howard P. Krisher and Konrad Kircher, for
appellee Kettering Medical Center, d.b.a. Sycamore Hospital.
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{¶ 1} The judgment of the court of appeals is affirmed on the authority of
Stinson v. England (1994),
.
MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and COOK, JJ.,
concur.
PFEIFER, J., dissents.
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PFEIFER, J., dissenting.
{¶ 2} We should add the learned treatise exception to the hearsay rule in
Ohio Evid.R. 803, so that it mirrors its federal counterpart, Fed.Evid.R. 803(18). I,
accordingly, dissent.
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