Nazari

INTRODUCTION

In his personal injury action against defendant Set Ayrapetyan, plaintiff Varoj Nazari obtained a special verdict in his favor. He appeals from the ensuing $53,061.40 judgment and the order denying his new trial motion. At issue in the published portion of this opinion is Evidence Code section 755.5, which renders inadmissible the record of, or testimony concerning, a defendant’s medical examination conducted of a plaintiff who is not proficient in English without the aid of a certified interpreter. We hold that section 755.5 does not prohibit testimony of medical examinations that do not involve communication with the plaintiff. Therefore, the court’s ruling limiting the testimony of three defense physicians to their observations, results of non-language-dependent tests, and review of plaintiff’s physician’s records, was not error. In the unpublished portion of this opinion, we affirm the trial court’s ruling denying plaintiff’s new trial motion on other grounds. Accordingly, we affirm the judgment in its entirety.

FACTUAL AND PROCEDURAL BACKGROUND

On March 27, 2003, defendant invited plaintiff to his house for tea. In the backyard, defendant offered to…