Ensor v. Wilson
Supreme Court of Alabama
519 So.2d 1244 (1987)
Misty Wilson (plaintiff), a brain damaged six-year-old, brought a malpractice suit by her next friend against Dr. Herman Ensor (defendant). Before trial, the judge observed a skilled and trained therapist lead Misty through a series of exercises intended to demonstrate Misty's limited physical and mental capacity. At trial, the judge permitted the therapist to repeat this demonstration for the jury and to explain the demonstration in her testimony. The judge supervised the conduct of the demonstration to ensure it comported with due process and standard practice in personal injury cases. The jury awarded Misty damages of $2.5 million. Ensor appealed to the Supreme Court of Alabama, arguing that it was prejudicial error for the judge to admit the demonstration as evidence.
Rule of Law
Holding and Reasoning (Beatty, J.)
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