Parrillo v. F.W. Woolworth Co.

OPINION

SHEA, Justice.

The defendant, F.W. Woolworth Co., appeals from a Superior Court judgment awarding the plaintiff, Kenneth Parrillo, $71,000 in damages. The appeal arises out of the admission of certain medical affidavits over the defendant’s objection. 1 We reverse in part and remand for a new trial on the issue of damages only.

Testimony at trial established that on December 17, 1976, plaintiff, while shopping in defendant’s store, slipped on a shiny, transparent, oily liquid, believed to be WD-40 lubricant, and fell. The plaintiff claimed injury to his back and right shoulder, arm,…