Santos v. City of New York

I agree with the majority that the trial court abused its discretion in refusing to grant a mistrial because of the testimony of James Sharpe who falsely testified that he was a former police officer of the City of New York and gave his opinion that Police Officer Goodwin did not use correct procedures when he approached the decedent with his gun drawn. I believe, however, that the case should be remanded for a new trial on the issue of negligence.

In this case the jury was not asked to make specific findings of negligence and we do not know what the negligence was on which the verdict was…