PHUNG v. WASTE MGT., INC.

No. 93-936.

71 Ohio St.3d 408 (1994)

PHUNG, APPELLEE AND CROSS-APPELLANT, v. WASTE MANAGEMENT, INC., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided December 27, 1994.


Attorney(s) appearing for the Case

Murray & Murray Co., L.P.A., Dennis E. Murray, Sr., and Kirk J. Delli Bovi, for appellee and cross-appellant.

Vorys, Sater, Seymour & Pease, Thomas B. Ridgley and Gail C. Ford, for appellant and cross-appellee.


PFEIFER, J.

I

We must first determine whether the trial court abused its discretion when it denied Dr. Phung's request to present the testimony of his sister, Betsy Phung, and his first wife, Faye Phung, to rebut the testimony of WMI's expert witness, Dr. Elissa P. Benedek. For the following reasons, we conclude that the trial court abused its discretion.

A

When Dr. Phung's counsel indicated he would be calling the two witnesses, counsel...

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