A physician was called to testify as an Expert Witness in a recent case. On cross examination, the physician was asked why he did not bring payment records with him that he did not have to bring -- and that the insurance company which retained him had already produced during discovery in any case.
Objections were made to some of the questions, and not to others.
On appeal, the case was remanded for a new trial on these and other grounds. In particular, it was held that this attempt at 'impeachment' was so not proper that, combined with other cumulative errors, it requires a new trial. Allstate Ins. Co. v. Marotta, 2013 WL 2420451 *4 (Fla. 4th DCA June 5, 2013).
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