Gallina v. Watson

In January 2004, a jury found in favor of defendants, Dr. Michael Watson and Memorial Medical Center (Memorial), in a medical malpractice action filed by plaintiff, Vito Gallina. Gallina appeals, arguing the trial court erred by (1) granting Dr. Michael Watson and Memorial’s motion in limine regarding the testimony of a defense expert witness and (2) refusing to allow plaintiffs exhibit No. 9 to be taken into the jury room during deliberations. We reverse and remand.

I. BACKGROUND

On March 9, 1997, Vito Gallina was injured in a head-on vehicle collision at over 85 miles per hour. Gallina…