Babikian v. Mruz 

Court had entered order in limine that evidence that Defendant physician had failed written portion of board certification would be admitted only if Defendant rendered expert opinion as to standard of care. Defendant forfeited objection to Plaintiff's having questioned him, as adverse witness, whether he had taken oral portion of board certification exam, by failing to make contemporaneous objection at trial. Court did not err in giving modified jury instruction that damages could be awarded for pain and suffering and emotional distress, and verdict form which included separate line for emotional-distress damages. Verdict of $500,500 should be set off by $70,000, which was amount of Plaintiff's settlement with hospital prior to trial, as trial court had not approved or apportioned that settlement. (HALL and ROCHFORD, concurring.)