Cooney v. Pearl

This appeal arises out of four conflicting orders on appellee’s, Robert Pearl, motion for new trial. We reverse and remand for further proceedings.

On June 11, 1993, appellee sustained personal injuries in an automobile accident. On October 10, 1995, he filed suit against appellants, Mr. Cooney and Mr. Ferber, for loss of future earning capacity and for permanent injuries. He also joined appellant, St. Paul Insurance Company (StPaul), in the action for underin-sured motorist (UM) benefits.

Prior to trial, appellants made a motion in limine to exclude the testimony of Dr. Jacobs, an orthopedic…