GUZMAN v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


99 A.D.2d 972 (1984)

Aurelia Guzman, Respondent-Appellant, v. Manhattan and Bronx Surface Transit Operating Authority et al., Appellant-Respondent, et al., Defendant

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

March 6, 1984


¶ Trial Term conditionally set aside the verdict as inadequate on the basis of its belief that its missing witness charge was prejudicial and erroneous. The charge concerned plaintiff's failure to call three doctors who had treated her for the injury she claimed resulted from the accident involved herein. A fourth doctor, an orthopedist, who had plaintiff hospitalized and placed in traction for her complaints of lower back pain, did testify. He found her injury to be...

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