FAY, Circuit Judge:
The issue in this appeal is whether the trial judge violated Fed.R.Civ.P. 51 in materially deviating from what he represented to counsel would be his charge to the jury. We hold that the rule was violated, that a new trial is necessary, and accordingly, we do not reach appellant's argument that the court erred in ambiguously phrasing its special verdict forms.
The issue arose in the context of a personal injury action brought by appellant...
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