Andersen v. Howland

In Andersen v. Howland (1970) 3 Cal.App.3d 380, a radiologist testified at trial based on certain X-rays "testified to by the plaintiff's treating physician." (Ibid.) Just before he testified, the radiologist discovered evidence of a previously undiagnosed fracture of a vertebra, but did not make this known because, not having treated the plaintiff, the radiologist felt that he was not qualified to explain the significance of the fracture. When the discovery was made known to him, the treating physician obtained additional X-rays that led him to reach a new opinion regarding the long-term consequences of the injury. (Id. at pp. 382-383.) The appellate court concluded that the new opinion, formed after the treating physician had obtained additional X-rays and consulted with the radiologist, constituted new evidence for a new trial motion. (Id. at p. 384.)