Murphy v. Sobel

Plaintiff on January 15, 1971, commenced a medical malpractice action against defendant. Following a four day trial, the jury returned a verdict of no cause of action in favor of defendant. Plaintiff appeals, raising two issues.

First, plaintiff claims the trial court, by refusing to allow counsel to name and replace a medical expert witness several weeks prior to the trial date, abused its discretion and thus prevented plaintiff from having a fair trial. An examination of the record indicates to us that plaintiff’s counsel was not seeking to replace a witness, he never had a witness.

In his…