Court Error – Testimony

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WI Court of Appeals – District IV

Case Name: Lamonte Hayes, a minor, by David P. Lowe, his Guardian Ad Litem v. Rebecca A. Thousand, M.D., et al.

Case No.: 2016AP1761

Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ

Focus: Court Error – Testimony

Lamonte Haynes appeals the judgment and order of the circuit court denying him a new trial in this labor and delivery medical malpractice case. Haynes argues that during the course of trial, the circuit court erred in four respects: (1) overruling Haynes’s objection to remarks defense counsel made during closing argument that allegedly misstated the law and confused the jury; (2) overruling Haynes’s objections to alleged new opinion testimony by the defendant, Dr. Rebecca Thousand, and limiting Haynes’s cross examination of Thousand; (3) overruling Haynes’s objections to alleged new opinion testimony from defense experts Dr. Sean Blackwell and Dr. Terrie Inder; and (4) overruling Haynes’s objection to alleged hearsay testimony by defense expert Dr. Robert Zimmerman. Haynes argues that these alleged errors were prejudicial to his case and that this court should grant him a new trial. We conclude that the circuit court did not err as to defense counsel’s closing argument remarks, Thousand’s testimony, or Blackwell’s and Inder’s testimony, and that any error as to Zimmerman’s testimony was harmless. Therefore, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.