VINCENZO v. NEWHART

Evidence — Privileged communications — Section 2317.02, Revised Code — Physician and patient — Plaintiff's attending physician called by defendant — May testify without patient's waiver, when.

Per Curiam.

The judgment is affirmed for the reasons stated in the Court of Appeals opinion, and the cause is remanded for a new trial.

Judgment affirmed.

TAFT, C.J., ZIMMERMAN, TROOP, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.

TROOP, J., of the Tenth Appellate District, sitting for MATTHIAS, J.