Schechter v. Klanfer

In this negligence action for personal injuries, the issue is whether the jury should have been instructed to bold plaintiff, who had by amnesia lost his memory of the events *230causing Ms injury, to a lesser degree of proof than a plaintiff who could have testified to the events.

Upon the trial, a verdict in favor of defendants was returned. The trial court initially instructed the jury to hold plaintiff to a lesser degree of proof if it found his amnesia to be genuine. Upon defendants’ objection, however, the charge was withdrawn, plaintiff taking exception.

There should be a reversal and a new…