Legal Opinion

George Washington University v. Lawson

District of Columbia Court of Appeals

Decided February 17, 2000No. 96-CV-1588, 96-CV-1751PublishedCited by 5 opinions

1Opinion of the Court

FARRELL, Associate Judge:

This appeal and cross-appeal present two primary issues: Did the trial court commit error in allowing the plaintiffs to call an expert 'witness in rebuttal to testify about a theory of negligence not raised in their case in chief; and did the court abuse its discretion in ordering a new trial unless the plaintiffs accepted a substantially remitted damage amount? We conclude that the trial court did err in allowing the plaintiffs to raise a theory of liability for the first time in rebuttal, but that the defendants were not sufficiently prejudiced by that ruling to…

2Cases cited18 opinions

  1. Richardson v. MarshSupreme Court of the United States · 1987
  2. Johnson v. United StatesDistrict of Columbia Court of Appeals · 1979
  3. Step-Saver Data Systems, Inc. v. Wyse Technology and the Software Link, IncCourt of Appeals for the Third Circuit · 1991
  4. Nimetz v. CappadonaDistrict of Columbia Court of Appeals · 1991
  5. Finkelstein v. District of ColumbiaDistrict of Columbia Court of Appeals · 1991

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3Cited by5 opinions

  1. District of Columbia v. JacksonDistrict of Columbia Court of Appeals · 2002
  2. Burke v. ScaggsDistrict of Columbia Court of Appeals · 2005
  3. National Railroad Passenger Corp. v. McDavittDistrict of Columbia Court of Appeals · 2002
  4. Hutchins v. ComptonDistrict of Columbia Court of Appeals · 2007
  5. Hudson v. District of ColumbiaDistrict Court, District of Columbia · 2007

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