OLEKSIW v. WEIDENER

No. 38769.

2 Ohio St. 2d 147 (1965)

OLEKSIW, APPELLANT, v. WEIDENER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 12, 1965.


Attorney(s) appearing for the Case

Messrs. Rini & Hecht, Mr. Martin A. Rini and Mr. Donald L. Goldman, for appellant.

Messrs. McNeal & Schick and Mr. Harley J. McNeal, for appellees.


MATTHIAS, J.

The question raised by this appeal is whether in a malpractice action expert testimony may be elicited from a physician defendant called by plaintiff "as if under cross-examination," pursuant to Section 2317.07, Revised Code.

This section provides as follows:

"At the instance of the adverse party, a party may be examined as if under cross-examination, orally, by way of deposition, like any other witness * * *. The party calling for such...

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