Gramza v. Gajewski

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: This record presents several sharp conflicts in testimony which were quite properly submitted to the jury on the issue of credibility. The verdict should not be disturbed as being against the weight of evidence, as urged by appellants. Regretfully, the undue restriction by the court of testimony offered by appellants’ physiotherapist and the court’s improper comments as to the witness’ qualifications and professional status make a new trial necessary. The…