Johnson v. J.G. Pattee, Inc.Annotate this Case
An expert witness in a personal injury trial varied from his written report, expressing new opinions to justify a bar employee's use of force. The plaintiff sought to cross-examine the expert with testimony the expert had been given to review prior to writing his report; the testimony was contrary to the expert's new opinions. The superior court refused to allow this cross-examination, telling plaintiff she could try to call a rebuttal witness. Defendant objected because the new witness was not on the witness list. The superior court then refuses to allow the witness to testify. The jury found the employee was justified in using reasonable force to defend against a trespass. On appeal, plaintiff argued the superior court erred in precluding her cross-examination of the witness and for refusing to allow her rebuttal witness. The Alaska Supreme Court determined it was prejudicial abuse of discretion to preclude the rebuttal witness due to the defense expert's new and unexpected trial opinions, so it vacated the judgment and remanded for a new trial without reaching the cross-examination issue.