Gallow v. Jack Eckerd Corp.

The issue of liability in the case sub judice turns solely on the credibility of both parties and their respective “eye witnesses.” Thus, justice would best be served by remanding this case for a new trial, permitting the introduction of plaintiffs proffered impeachment evidence.

While we may surmise that the trial court may well have intended that impeachment evidence, such as that proffered by plaintiff, be listed on the pre-trial checklist in order to be admissible at trial, the record is devoid of evidence which would substantiate that precept, neither does the pre-trial order does not so…