Dana v. Von Pichl

In a negligence action to recover damages for personal and property injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered August 26, 1971, in his favor upon a jury verdict of only $100. Judgment reversed, on the law, and new trial granted on all issues, with costs to abide the event. The questions of fact have not been considered. In our opinion, it was error for the trial court to exclude hospital records, including X rays, and limit the scope of plaintiff’s testimony because defendants lacked a comprehensive medical file. Defendants had not acquired a…