Pinnace v. Baron Francingues

REDMANN, Judge.

Plaintiff appeals from an award of $1,310.75, complaining of the trial judge’s limiting the general damages award to $500 because no physician corroborated plaintiff’s testimony of her minor injury. Neither defendant appeals or answers plaintiff’s appeal. The question is whether the trial judge erred in refusing a continuance when plaintiff’s sole intended medical witness, subpoenaed 13 days before the trial, did not appear. We answer yes and remand.

This is not a case of the doctor’s testimony being immaterial, as a trial judge might have viewed it in the light of plaintiff’s…