This decision addresses an evidentiary dispute during a trial regarding the admissibility of post-assessment medical reports through a defendant fact witness, Dr. McPherson.
The defendants sought to introduce reports created after Dr. McPherson's last assessment of the plaintiff, Jeremy Veran, to demonstrate improvement in symptoms.
The plaintiffs objected, arguing Dr. McPherson had not seen these documents and was not an expert witness.
The court ruled that documents not seen or received by Dr. McPherson, and not directly relevant to his care of the plaintiff, could not be introduced through him as a fact witness, even if they were part of the joint book of documents.
