Wirth v. De Vito

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Westchester County, entered December 5, 1978, which is in favor of defendant, after a jury trial limited to the issue of liability only. Judgment reversed, on the law, and new trial granted, with costs to abide the event. In light of the inadmissibility of the hospital record, the trial court erred in failing to instruct the jurors to disregard the questions put to plaintiff Daniel Wirth by defense counsel in an effort to lay a foundation for the hospital record.…