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FUENTES v. REILLY

No. 78-1425.

590 F.2d 509 (1979)

Eileen A. FUENTES, Administratrix Ad Prosequendum of decedent Carlos A. Fuentes, and also as General Administratrix of the Estate of Carlos A. Fuentes, Appellant, v. Francis H. REILLY, Airfreight Trucking Services, Inc., Airport Truck Rental, Inc. and Drayage Services, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided January 9, 1979.

Attorney(s) appearing for the Case

Douglas R. Kleinfeld, Conway, Reiseman, Bumgardner, Hurley & Kleinfeld, Newark, N. J., for appellees.

Burtis W. Horner, Stryker, Tams & Dill, Newark, N. J., for appellant.

Before GIBBONS and WEIS, Circuit Judges and DUMBAULD, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

Exclusion of expert testimony on the effect of delayed medical attention to a motor vehicle accident victim constitutes reversible error in this diversity case. Because the evidentiary ruling prevented the plaintiff from presenting substantial claims to the jury, a new trial will be necessary.

Suit was filed in the district court to recover damages for the death of plaintiff's decedent caused by injuries...

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