Court: Mention of Excluded Causation Theory Requires New Trial
Defense counsel's references to a theory of causation that had been excluded pretrial were prejudicial to the plaintiffs, a divided state Superior Court panel ruled, granting a new trial in a medical negligence case.
April 07, 2017 at 07:39 PM
11 minute read
Defense counsel's references to a theory of causation that had been excluded pretrial were prejudicial to the plaintiffs, a divided state Superior Court panel ruled, granting a new trial in a medical negligence case.
In Carlitz v. Delta Medix, a three-judge panel of the court ruled 2-1 that trial counsel for defendant Jeffrey W. Guse violated a Lackawanna County judge's pretrial order excluding from evidence a supplemental report by defense causation expert Dr. Jack Henzes.
According to the majority memorandum opinion issued April 4 by Judge Kate Ford Elliott, the case centered on injuries allegedly sustained by Jacqueline Carlitz, who is now deceased, in a fall during a urology appointment.
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