ZOBRE v. SCHUTTIG


41 A.D.2d 573 (1973)

Joseph Zobre, Appellant, v. Raymond E. Schuttig, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 17, 1973


During the trial of this negligence action, the jury requested that the court allow them to rehear that portion of the testimony of the medical expert, Dr. Ruch, which related to permanency. This testimony was vague and confusing and supports the conclusion that the jury was indeed confused. The court should not have denied the jury's request which, in our view, constituted prejudicial error, and in the interest of justice the verdict should be set aside and a new trial granted...

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