Rodriguez v. Slattery

While the appeal here is only as to the matter of damages, all claims of error relate to discretionary rulings by the trial court. It is contended, as to each point raised, that the trial court went beyond the outer limits of the area of judicial discretion. While we find neither error nor abuse of discretion in any of the rulings challenged, we deal separately with each issue raised.

Element of surprise. Three weeks before trial, the plaintiff was examined by Dr. Lawrence Foster who determined that her injured leg was 1.5 cm. (% inch) longer than her uninjured leg and a future bone-stapling…