DIORIO v. SCALA


183 A.D.2d 1065 (1992)

Deborah J. Diorio et al., Respondents, v. Jacqueline J. Scala, Appellant

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

May 14, 1992


Mikoll, J. P.

This appeal is directed solely to the question of damages, liability having been conceded by defendant. The determinative issue on this appeal is whether Supreme Court's failure to instruct the jury on plaintiffs' failure to call certain medical witnesses was prejudicial error requiring a reversal of the judgment for plaintiffs.

A missing witness charge should be given as to witnesses whom a party would normally be expected to call...

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