Home/Ohio Supreme Court/Kraner v. Coastal Tank Lines, Inc.

Kraner v. Coastal Tank Lines, Inc.

269 N.E.2d 43, 26 Ohio St. 2d 59, 55 Ohio Op. 2d 68, 1971 Ohio LEXIS 521
CourtOhio Supreme Court
DecidedApril 14, 1971
DocketNo. 70-307
StatusPublished
Cited by18 cases

This text of 269 N.E.2d 43 (Kraner v. Coastal Tank Lines, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kraner v. Coastal Tank Lines, Inc., 269 N.E.2d 43, 26 Ohio St. 2d 59, 55 Ohio Op. 2d 68, 1971 Ohio LEXIS 521 (Ohio 1971).

Opinion

Per Curiam.

Subsequent to the point at which Dr. Oser related the content of Dr. Parker’s fourth report, Dr. Oser responded, over timely objections in each instance, to the critical questions pertaining to the causal connection between the accident and the injury, and as to the permanency of the injury. In those hypothetical questions, the content of Dr. Parker’s report, as read and interpreted by Dr. Oser, was specifically emphasized.

I paragraph one of the syllabus of Burens v. Indus. Comm. (1955), 162 Ohio St. 549, this court stated: “The hypothesis upon which an expert witness is asked to state an opinion must be based upon facts within the witness’ own personal knowledge or upon facts shown by other evidence.” (Emphasis added.)

As the opinions of Dr. Parker contained in the fourth report were not in e idence, and as substantial emphasis was placed upon those opinions in establishing the plaintiff’s case, the trial court committed prejudicial error in permitting testimony as to such opinions to be admitted in evidence over objection. Consequently, the judgment is reversed and the cause is remanded to the Court of Common Pleas for further proceedings.

Judgment reversed.

O’Neill, C. J., Schneider, Herbert, Duncan, Corrigan, Stern and Leach, JJ., ,concur.

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Bluebook (online)
269 N.E.2d 43, 26 Ohio St. 2d 59, 55 Ohio Op. 2d 68, 1971 Ohio LEXIS 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraner-v-coastal-tank-lines-inc-ohio-1971.