Kerr v. Allard

The plaintiff seeks a new trial on damages, because the Superior Court (.Pappagianis, J.) refused to allow plaintiff’s counsel to comment on the defendant’s failure to offer the testimony of a doctor whose deposition had been videotaped. We affirm.

The plaintiff, Marion Kerr, injured her knee when she fell in an icy parking lot owned by the defendant, Raymond Allard, who was responsible for its maintenance. On the issue of damages, expert opinion evidence was crucial in determining the extent to which the injury resulted from the fall rather than from a prior tobogganing accident.

Prior to jury…