Plaintiff was injured when he fell on a sidewalk owned by the defendant. The trial court admitted medical reports from the plaintiff’s doctor into evidence. However, the doctor was prevented from testifying by 38C.F.R.§ 14.808. The report established the fall as the cause of the injury and the permanency of the injuries. The court held that the medical reports were improperly admitted into evidence and the error was harmful, thus, granting the defendant a new trial.
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