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Sunday, July 25, 2010

Trial Practice: Hearsay & Expert Opinion Testimony

The Eastern Section of the Tennessee Court of Appeals issued its opinion in Holder v. Westgate Resorts Ltd., No. E2009-01313-COA-R3-CV (Tenn. Ct. App. Jul. 23, 2010). Here's the syllabus from the majority opinion, to wit:

Plaintiff sustained personal injuries resulting from a fall on defendant's premises and brought this action for damages, which resulted in a jury verdict in favor of plaintiff for damages against defendant. Defendant appealed, and asserted that the Trial Judge erred when he refused to allow defendant's expert to testify to his conversation with a third party. On appeal, we hold that the Trial Court erred in refusing to allow the proffered testimony, but the error was harmless. We affirm the Judgment of the Trial Court.

Here's a link to that opinion:

Judge Susano issued a separate concurring and dissenting opinion where he opined that the trial court did not err in sustaining the plaintiff's counsel's objection to the proffered testimony. In my very humble opinion, I think Judge Susano's opinion is accurate.

Here's a link to that opinion:

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