Luster v. Isaac

By JUDGE CHARLES R. WATERS, II

The issue is whether the court erred in granting a motion in limine on the morning of this jury trial, and whether a mistrial should therefore be granted.

For reasons mentioned herein, I do not believe that error was committed.

On the morning of trial, defense counsel moved that the issues in the malpractice case be limited to matters involving whether the defendant had obtained the necessary informed consent of the plaintiff prior to performing a tubal ligation.

A copy of the required notice to the health care provider dated March 31, 1983, is attached hereto and…