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Tuttle v. Perry

8/22/2002

v. Columbia Gas of Kentucky that allowing details of compensation might inject collateral matters into the trial, but the inquiry envisioned here, coupled with the trial court's discretionary authority to limit excessive cross-examination otherwise, will prevent the jury from being diverted from its mission of deciding the facts.


Our decision herein renders it unnecessary to decide whether the discovery depositions of Dr. Stoney and Dr. Page should have been read to the jury, nor need we decide whether the trial court erred when it excluded three of plaintiffs fact witnesses on grounds of failure to supplement a pre-trial compliance. As all such disclosures have now been made, the testimony of these witnesses, if otherwise admissible, should be admitted upon retrial.


For the foregoing reasons, this cause is reversed and remanded for a new trial consistent herewith.


All concur.






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