O'Riley v. Rogers
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The Superior Court in this personal injury action sua sponte excluded a medical expert witness' testimony that it was possible plaintiff's permanent injury might have improved depending on the results of further recommended testing. The jury awarded plaintiff $292,330; defendant moved for a new trial. The court granted defendant's motion. In the second trial, the jury heard the expert's testimony and returned a lesser, $7,500 verdict. Plaintiff appealed the trial court's grant of a new trial. Upon review, the Supreme Court concluded that the trial judge initially made the right decision to exclude the expert; it was an abuse of discretion to order a new trial. Accordingly, the Supreme Court vacated the judgment granting a new trial and all attendant rulings, and remanded the case to reinstate the original jury verdict.
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