Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. In our opinion, it was prejudicial error to allow, over timely objection, plaintiff's physician witness to testify that plaintiff had incurred head injuries which could be evaluated as "[a]n epileptic equivalent". No such injury was specified in the bill of particulars...
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