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Eagan v. Duello8/30/2005
s, we find no abuse of discretion in excluding from the jury Mr. Eagan' s reproduction of surgical methods of which he has no training or expertise.
Finally, the Eagans claim that the trial court erred in excluding testimony from Amanda Eagan that she had no signs of an infection after her hospital discharge. No offer of proof was made, and we could dispose of the issue on that deficiency alone. " Nothing is preserved for appellate review when a court rejects evidence, in the absence of an offer of proof. " Id. at 613. We agree, nevertheless, that a lay witness is not qualified to express an opinion as to whether she had or did not have an infection. Such a witness is, however, permitted to testify as to his or her own observations about the appearance and symptoms experienced by the witness. And, in fact, after the objection was sustained the witness did testify about such types of symptoms. In any event, we do not believe the trial court abused its discretion in finding that Mrs. Eagan, as a non- medically trained layperson, was not qualified to testify whether certain physical signs or symptoms were caused by an infection. Point II is denied.
The judgment is affirmed.
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