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Gorostieta v. Parkinson12/15/2000
rostietas by ordering that they were "precluded from introducing any exhibits at the time of trial."
The jury trial began December 3, 1997. Before arguments on the second day of trial, counsel for both parties met with the judge to discuss jury instructions. During this discussion, it became apparent to Parkinson's counsel that the Gorostietas' attorney proposed to offer into evidence the medical expenses incurred to that date through testimony from Marie Gorostieta, Dalinda's mother. Parkinson's counsel objected, arguing that medical expenses fall under the business record exception to the hearsay rule and can be admitted only by an employee of the business. She argued that a layperson reading a bill to a jury did not provide the best evidence and lacked the personal knowledge to testify as to the necessity of the treatment and the reasonableness of the charges. While the treating doctor, Dr. Larsen, had previously given testimony regarding Dalinda's medical treatment, the Gorostietas' attorney had failed to elicit testimony at that time as to whether the medical bills reflected necessary treatment and whether the charges for that treatment were reasonable. After discussing the issue at length, counsel for the Gorostietas specifically asked if the court was ruling that either Dr. Larsen or someone from his office had to testify as to the reasonableness of the charges. The court responded that it was not ruling that anyone in particular had to be there but that the charges had to be shown to be reasonably incurred.
Parkinson's attorney then argued that because the issue was being raised in the middle of the trial, the Gorostietas were confined to the witness list submitted, that which they had adopted from Parkinson. Furthermore, Parkinson argued, that list did not include anyone but Dr. Larsen who could testify to the reasonableness of the medical expenses. The trial court agreed, and therefore, the Gorostietas' counsel was to be allowed to recall Dr. Larsen. It was quickly learned, however, that Dr. Larsen was in surgery and could not return until 4:30 that afternoon.
About mid-day, the Gorostietas' case was nearly completed. The court recessed and excused the jury to allow counsel to present motions out of the presence of the jury. At this time, Parkinson's counsel argued that the Gorostietas had to move for a continuance in order to await Dr. Larsen's testimony and that the court should not allow such a continuance. The judge responded that at that point, no one had moved for a continuance, and then, the judge asked the Gorostietas' attorney if he was prepared to rest. Counsel for the Gorostietas did not move for a continuance but instead responded that aside from testimony from Dr. Larsen, he was prepared to rest. Therefore, the court allowed the Gorostietas to rest with the reservation that Dr. Larsen could be called out of order but only if the trial was not completed before 4:30 p.m. when the doctor would be available. To this, the Gorostietas' attorney quipped, "Obviously, if [Parkinson] ends her case right now, we've rested and it's over."
The judge declared a five-minute recess after which the Gorostietas' attorney requested that he be allowed to put Dalinda's mother on the stand to testify to the amounts of the bills she had received for Dalinda's care. Counsel proposed that when Dr. Larsen was available, counsel would review this information with the doctor and ask him to testify as to the reasonableness of the charges. The judge asked Parkinson's attorney for her response to this motion. Parkinson's attorney, having consulted with her client during the recess, rested at this point without presenting any evidence. The minutes of the jury trial show t
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