Bakke v. Lindquist
Bakke v. Lindquist
Opinion of the Court
Barbara Bakke died from head injuries after she had been treated as an outpatient by defendant Dr. Dale Lindquist and sent home. A malpractice action was brought by the trustee for the heirs of Mrs. Bakke. The jury returned a verdict for plaintiff. We affirm.
A detailed statement of the facts giving rise to this cause of action is not necessary. The issues on appeal relate to evidentiary rulings by the trial court.
The principal issue raised by defendants arose during defense counsel’s cross-examination of decedent’s husband, Allen Bakke. Defense counsel attempted to impeach his testimony through the use of facts and allegations contained in the original complaint filed by plaintiff in the action. Plaintiff’s counsel, in the presence of the jury, referred to an office memorandum which was
This case represents anything but a model of trial court tactics and procedures. Nevertheless, we are satisfied that the factual dispute was fairly presented to the jury and decline to set aside its determination of the factual issues. Any error relative to the admission of the memorandum was not prejudicial to defendants’ case and was contributed to by defense counsel.
We have reviewed the remaining eviden-tiary objections raised by defendants and find them to be without merit.
Affirmed.
Reference
- Full Case Name
- Allen R. BAKKE, as Trustee for the Heirs of Barbara J. Bakke, Decedent v. Dr. Dale C. LINDQUIST
- Status
- Published