PIERRE GASTON, Appellee v. SALEEM MINHAS and JOHN PASCAL; APPEAL OF: SALEEM MINHAS, Appellant, 2007 PA Super 367

Summary

Pursuant to Pa.R.C.P. No. 1311.1, the victim filed a stipulation in the trial court, agreeing to limit his damages' recovery. The motorist argued that the trial court's failure to exclude a doctor's discharge report and treatment notes, which were submitted into evidence pursuant to Rule 1311.1, after the doctor invoked his Fifth Amendment rights and refused to answer substantive questions, violated the intent and spirit of Rule 1311.1 and constituted an abuse of discretion. On appeal, the court found that the trial court erred by admitting the doctor's discharge report and treatment notes into evidence pursuant to Rule 1311.1 after the doctor refused to answer any substantive questions about those documents. By failing to exclude the doctor's report and notes, the trial court denied the motorist the right to cross-examine the doctor on those documents, which clearly caused him prejudice because it allowed the doctor's diagnosis and treatment of the victim to go to the jury ...