Hummer v. Levin

This case was tried twice with a plaintiffs verdict each time. The verdict in the first trial was larger than the verdict in the second trial and plaintiff understandably seeks reinstatement of the first verdict. Two trials were held because, after the first trial, the trial judge granted the defense motion for a new trial, concluding that he had incorrectly barred testimony of two defense witnesses bearing on the issue of liability. The majority holds that the trial judge abused discretion in ordering the new trial on that ground. I disagree and, therefore, respectfully dissent.

Before…