Pasquarella v. Wagner

Judgment unanimously reversed, without costs, on the law and as a matter of discretion, and a new trial granted. Memorandum: In charging the jury in this dental malpractice case, the court misstated the testimony of defendant’s experts and delivered a charge which was tantamount to a directed verdict. Although there was ample testimony that injury to plaintiff’s lingual nerve could have occurred in the absence of negligence, the court repeatedly made statements to the effect that all of the doctors said that if the surgery was performed correctly, no injury could occur. The trial court’s…