Judgment reversed, on the law and as a matter of discretion, and new trial granted, with costs to abide the event.
Plaintiff was severely injured when he dove into a shallow portion of a lagoon operated by the defendant. For the reasons outlined below, a new trial is warranted.
First, the following statement, contained in the discharge summary of the hospital in which plaintiff was treated, was read to the jury: "The patient, according to his girlfriend Maureen...
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