Bender v. Adelson

After plaintiffs husband died during a heart procedure, plaintiff sued his doctors for negligence, and a jury awarded plaintiff $1.6 million. The trial court, however, granted defendants’ motion for a mistrial. It found that comments that plaintiffs counsel made during summation asking the jury to draw an adverse inference from defendants’ failure to present certain independent experts were unfair and prejudicial because defendants had been barred from submitting the names and reports of three experts as untimely. Plaintiff appealed, and a divided Appellate Division panel reversed, holding…