Louiso v. McAuliffe

BLUE, Judge.

Leta Louiso seeks a new trial as relief from the final judgment in her personal injury action. Louiso contends the trial court erred when it prohibited any testimony from her treating physician that she suffered a permanent injury. This ruling resulted in a directed verdict on the question of permanency thus preventing the jury from considering the permanent character of Louiso’s injury in assessing damages. We agree that the evidence of permanency should have been presented to the jury for its consideration and therefore, we reverse and remand for a new trial.

Louiso brought this…