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Keywords

plaintiffdefendantappealtrialmotionexpert witnessobjectionsustained
defendantappealtrialexpert witnessobjectionsustained

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Ingram v. McCuiston, 261 N.C. 392, 134 S.E.2d 705

Facts

On March 16, 1961, Betty Pat Ingram was driving her Volkswagen when she made a left turn onto South Tryon Street in Charlotte, North Carolina. At the same time, Linda Lee McCuiston, driving her mother's Dodge, collided with the rear of Ingram's vehicle, causing it to strike the car in front. Ingram sustained injuries to her neck and back, which her orthopedic specialist attributed to the accident, and she later sought psychiatric treatment for emotional distress aggravated by the collision.

On March 16, 1961, Betty Pat Ingram was driving her Volkswagen when she made a left turn onto South Tryon Street in Charlotte, North Carolina.

Issue

Did the trial court err in allowing the hypothetical questions posed to the expert witness, which were based on assumed facts not supported by evidence?

Did the trial court err in allowing the hypothetical questions posed to the expert witness, which were based on assumed facts not supported by evidence?

Rule

A hypothetical question must include only facts that are already in evidence or those that the jury might logically infer from the evidence. The opinion of an expert witness may not be based on the opinions or conclusions of other witnesses unless those opinions are presented as assumed facts.

A hypothetical question must include only facts that are already in evidence or those that the jury might logically infer from the evidence.

Analysis

The court found that the hypothetical questions posed to Dr. Miller included numerous assumptions that were not supported by the evidence presented at trial. Specifically, the court noted that the questions assumed the plaintiff was in excellent health prior to the accident and that she developed suicidal tendencies as a result of the collision, neither of which were substantiated by the evidence. The inclusion of these unsupported assumptions rendered the questions improper and prejudicial to the defendants.

The court found that the hypothetical questions posed to Dr. Miller included numerous assumptions that were not supported by the evidence presented at trial.

Conclusion

The court concluded that the defendants' objections to the hypothetical questions were valid and sustained their appeal, resulting in a new trial.

The court concluded that the defendants' objections to the hypothetical questions were valid and sustained their appeal, resulting in a new trial.

Who won?

The defendants prevailed in the appeal because the court found that the hypothetical questions posed to the expert witness were based on unsupported assumptions, which warranted a new trial.

The defendants prevailed in the appeal because the court found that the hypothetical questions posed to the expert witness were based on unsupported assumptions, which warranted a new trial.

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