No. 27380 - Jessie L. Graham v. David A. Wallace, D.D.S., M.S.
Starcher, J., dissenting:
If this Court gets into reversing jury verdicts on the basis of a trial judge's
discretionary call on whether to allow rebuttal witnesses, we are going to need to amend our
Constitution -- to hire some new justices!
Nothing is more committed to a trial judge's discretion than a decision on
rebuttal testimony. As a trial judge, I almost never allowed it. Litigants always want to have
the last word, and lawyers can always make fairness arguments as to why they need
rebuttal.
This trial judge properly exercised his discretion and concluded -- and the
record bears this out -- that Dr. Wallace had well explained the document issue. The
majority is being swayed by the expert issue to find error in the rebuttal issue. There was
no error on either issue and this verdict should stand.