George Washington University v. Lawson
District of Columbia Court of Appeals
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…
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