Ruth v. Fenchel

The opinion of the court was delivered by

William J. Brennan, Jr., J.

In this automobile accident case Mrs. Ruth had a verdict of $2,000 for personal injuries. She was allowed a new trial as to damages only at which a verdict of $10,000 was returned in her favor. Defendant appealed to the Appellate Division, challenging the award of the new trial or, alternatively, its limitation to damages only, and asserting error at the new trial in permitting cross-examination of defendant’s medical experts, Dr. Solk and Dr. Reilly, based upon medical treatises which were not relied upon by them in forming…