[Download] "Mckee v. Mcneir" by In The Court Of Appeals For The Seventh District Of Texas At Amarillo Panel D # eBook PDF Kindle ePub Free
eBook details
- Title: Mckee v. Mcneir
- Author : In The Court Of Appeals For The Seventh District Of Texas At Amarillo Panel D
- Release Date : January 22, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Billy Joe McKee, individually and as independent executor of the estate of Thelma McKee, deceased (McKee), appeals from a judgment denying him recovery against Dr. David G. McNeir (NcNeir), Dr. Dennis Dove, individually and d/b/a Dove & Associates (Dove), and Dr. Barry L. Horowitz (Horowitz). His sole issue involves the trial courts refusal to admit evidence, during the rebuttal phase of the trial, of prior medical malpractice claims against Dove. McKee sought to admit the evidence 1) because the defendants purportedly "opened the door" to it and 2) for purposes of rebutting Doves opinions. However, the trial court excluded it because it was not rebuttal evidence, no one had opened the door to its admission, and its prejudicial effect "would far outweigh any probative value" it may have. We affirm the judgment of the trial court.