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Azarian v. Witte9/4/2001
, the evidence does not support the trial court's conclusion that Dr. Honick violated the 20 percent limitation of the attesting expert provision. He stated that over a thirty-year period he had testified at 300 to 400 hundred trials and the same number of depositions. Unaccountably, appellee never questioned him as to how much time he had spent preparing to testify. Nor did he ask him point blank what percentage of his professional activities he "devote annually" to "activities that directly involve testimony in personal injury claims." Instead, he queried Dr. Honick as to the amount of time or the percentage of his practice "directly involved in personal injury matters." That of course is not the appropriate standard. Presumably, an orthopedist, specializing in treating injuries, spends a great deal of time "in personal injury matters." Accordingly, there was no evidence from which the circuit court could conclude that Dr. Honick did not qualify as an "attesting expert."
JUDGMENT REVERSED AND CASE REMANDED TO THE CIRCUIT COURT FOR MONTGOMERY COUNTY FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
COSTS TO BE PAID BY APPELLEE.
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