Cain v. Akikie
Cain v. Akikie
Opinion of the Court
This is an action of tort brought by the plaintiff against two physicians who, acting as partners, treated her for fractures of her right leg. One count of the plaintiffs declaration is against Dr. Akikie and refers to fractures received as the result of an automobile accident which occurred in 1965. Another count is against Dr. O’Neil and refers to fractures of the same leg incurred in the 1965 accident and in a second accident (a fall down stairs) which occurred in 1967. The plaintiff alleges in both counts that the defendant was negligent in failing to diagnose and treat fractures of the right foot. A jury returned verdicts for the defendants. 1. The plaintiff argues four exceptions taken to evidentiary rulings by the trial judge during redirect examination of the plaintiffs expert witness. Each ruling was correct for more than one reason. In any event, there was no offer of proof made by the plaintiff in the case of two of the excluded questions. Ford v. Worcester, 339 Mass. 657, 658 (1959). R. L. Polk & Co. v. Living Aluminum Corp. 1 Mass. App. Ct. 170, 173 (1973). In each instance an offer was necessary. Contrast Moran v. Levin, 318 Mass. 770, 774 (1945). The answer to another question
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.