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GEORGE WASHINGTON UNIVERSITY v. LAWSON

Nos. 96-CV-1588, 96-CV-1751.

745 A.2d 323 (2000)

GEORGE WASHINGTON UNIVERSITY, et al., Appellants/Cross-Appellees, v. Patricia Y. LAWSON, et al., Appellees/Cross-Appellants.

District of Columbia Court of Appeals.

Decided February 17, 2000.

Attorney(s) appearing for the Case

Steven A. Steinbach, with whom Michael K. Ross was on the brief, Washington, DC, for appellants/cross-appellees.

Jack A. Gold, with whom Lawrence S. Lapidus and Anthony G. Newman were on the brief, for appellees/cross-appellants.

Before STEADMAN, FARRELL, and RUIZ, Associate Judges.

FARRELL, Associate Judge:

This appeal and cross-appeal present two primary issues: Did the trial court commit error in allowing the plaintiffs to call an expert witness in rebuttal to testify about a theory of negligence not raised in their case in chief; and did the court abuse its discretion in ordering a new trial unless the plaintiffs accepted a substantially remitted damage amount? We conclude that the trial court did err in allowing the plaintiffs to raise a...

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