 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Smith v. Garneski11/17/2003
tten report. The problem with the court's curative instruction is that it misstated Katz's opinion.
8) The trial court has broad discretion to fashion a curative instruction when the jury has heard inadmissible testimony. That instruction cannot, however, misstate the witness's testimony or expert opinion. In this case, where the medical expert testimony was a central issue, we conclude that the inaccurate instruction was reversible error.
9) In light of our decision to reverse, we need not reach the other two issues on appeal because, in a new trial, there will be no surprise or other prejudice to Garneski that would preclude Katz from offering his opinion in its entirety.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is REVERSED. This matter is REMANDED to Superior Court for a new trial. Jurisdiction is not retained.
Page 1 2 Delaware Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|