Judgment reversed, on the law and as a matter of discretion, and new trial granted, with costs to abide the event.
The complexity of the factual issues in this lengthy medical malpractice trial (which the jury decided in some two hours) called for particular clarity and accuracy in the court's marshaling of the evidence, and for avoidance of any indication of the court's own opinion as to the facts or the credibility of any of the witnesses (cf. 8 Carmody-Wait 2d...
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