Hotz v. Cleveland

Citations

• 2020 Ohio 1383

Syllabus

Evid.R. 803(6) hearsay exception opinion and diagnosis testimony of nontestifying doctors stipulation authenticity of medical records harmless error voir dire and plain error. The trial court did not err when it allowed defendant-appellee's expert witness to testify regarding the opinions of nontestifying doctors because the opinion testimony was contained in medical records that met the necessary authentication requirements and did not violate other evidentiary rules, and therefore, were subject to Evid.R. 803(6)'s hearsay exception. It was harmless error for the trial court to permit defendant-appellee's expert witness to testify regarding the opinion of a nontestifying doctor that constituted hearsay. The record shows the defendant-appellee's expert witness formed his medical opinion based upon his own observations and did not rely upon the nontestifying doctor's opinion to form his own conclusions. Thus, the testimony of the nontestifying doctor was cumulative to other admissible evidence and did not change the outcome of the trial. Where plaintiff-appellant fails to object during voir dire and fails to invoke the plain-error doctrine on appeal, an appeals court will not sua sponte undertake a plain-error analysis.