In Kaplan v. Hanover Ins. Co. a chiropractor, Kaplan, sued Hanover Insurance Company to recover pursuant to PIP payments for treatment provided to Hanover's insured.
A chiropractor employed by Kaplan had treated the insured. Kaplan sought to offer expert testimony about the necessity of the treatment provided and its causal relationship to the accident. For some inexplicable reason the trial judge refused to allow his testimony on the grounds that he had not treated the insured himself.
The Massachusetts Appellate Division held that the judge's ruling was an abuse of discretion. It pointed out that there is no requirement that an expert have personal knowledge of a case and may rely on materials prepared by others.