Does a Defense Counsel's Incomplete Impeachment of a Principal Medical Witness Amount to Prejudicial Error ?

In Green v. Cook County Hospital, 156 Ill. App. 3d 826, 510 N.E.2d 3, 109 Ill. Dec. 382 (1987), which concerned an action for medical malpractice, the court found that defense counsel's incomplete impeachment of the plaintiff's principal medical witness amounted to prejudicial error. Green, 156 Ill. App. 3d at 832-33. Before cross-examination began, defense counsel stated in a sidebar conference that he would ask the witness whether he would be surprised if the plaintiff could perform certain activities. Green, 156 Ill. App. 3d at 833. Defense counsel also promised to " 'connect it up later.' " Green, 156 Ill. App. 3d at 833. on cross-examination, defense counsel posed questions such as: "'Can the plaintiff, would it surprise you if the plaintiff by himself would get out of a wheelchair and walk the distance between where you are sitting and I am standing, and then sit down in another kind of chair? and do it in a normal fashion?'" Green, 156 Ill. App. 3d at 833. The witness indicated that he would be surprised if the plaintiff could perform any of the activities posed by defense counsel. Green, 156 Ill. App. 3d at 833. There was no subsequent evidence tendered that showed that the plaintiff could in fact perform any of the tasks presented to the witness. Green, 156 Ill. App. 3d at 833. The plaintiff moved for a mistrial and for sanctions for the incomplete impeachment. Green, 156 Ill. App. 3d at 833. the trial court denied both motions. Green, 156 Ill. App. 3d at 833. On appeal, the court found that innuendo through incomplete impeachment is highly prejudicial. Green, 156 Ill. App. 3d at 833. Further, the court found that defense counsel's questions were intended to lead the jury to believe that the plaintiff could in fact perform the tasks and that such remarks were improper without evidentiary support. Green, 156 Ill. App. 3d at 834.