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James v. Kloos

Prejudice due to an ex parte meeting does not necessarily mean prejudice at trial, and does not mean that an improper verdict necessarily results when a doctor is allowed to testify after such a meeting; an appellant must do more than allege presumed prejudice to be entitled to a reversal.

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FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY

OPINION

Billy James appeals a take-nothing jury verdict in the personal injury suit he prosecuted against Susan Kloos. In two issues on appeal, James contends that the trial court: (1) abused its discretion by permitting James’s treating physician to testify after he had an ex parte meeting with defense counsel and then by denying James the right to cross-examine the physician about the meeting; and (2) erred when it submitted a jury instruction on new and independent cause when no evidence had been admitted to support the submission. We affirm.

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