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McPHERSON-CORDER v. CHINKHOTA

No. 00-CV-910.

835 A.2d 1081 (2003)

Marilyn McPHERSON-CORDER, Appellant, v. John CHINKHOTA, Appellee.

District of Columbia Court of Appeals.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Albert D. Brault, Washington, DC, with whom M. Kathleen Fallon was on the brief, for appellant.

John G. Gill, Jr. for appellee.

Before RUIZ and GLICKMAN, Associate Judges, and PRYOR, Senior Judge.

GLICKMAN, Associate Judge:

The trial court in this medical malpractice case instructed the jury that it could draw an adverse inference from a party's unexplained failure to call a witness if the witness was peculiarly available to that party and could have provided relevant testimony. This court has warned of the dangers of such "missing witness" instructions and discouraged trial courts from giving them too freely. We have cautioned that a missing witness instruction...

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