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Hodge v. Lott

Defendant failed to preserve his argument that the trial court improperly limited his cross-examination of the plaintiff.

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Sedrick Demon Hodge and Calvin Lanier Harrell were held to be jointly liable in damages by a jury verdict for a motor vehicle collision that occurred on August 2, 1997, injuring Jerry L. Lott. Harrell settled with the plaintiff. Hodge, the “Defendant”, moved for a new trial on general grounds and the special grounds that the trial court abused its discretion in not removing a juror who failed to disclose her relationship with an employee of counsel for Harrell. The motion for new trial was denied. On appeal, the Defendant asserts that the trial court abused its discretion in several ways: in allowing a hypothetical question to plaintiff’s treating physician; in limiting cross-examination of the plaintiff regarding pain prior to the collision in a pre-existing condition, revealed during prior treatment; and in not removing a juror after a relationship to counsel for the other defendant became known. Finding no merit to Defendant’s contentions, we affirm.

The plaintiff’s injuries were soft tissue and a compression fracture of his spine. Defendant sought to show either that the compression fracture pre-existed the collision or that plaintiff failed to prove that the collision caused the compression fracture.

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