Delgardo v. Allstate Insurance Co.

The trial judge granted a new trial after a jury verdict in favor of plaintiffs in a case against an insurance carrier for uninsured motorist damages. The basis for the new trial was the improper admission of expert testimony that the trial judge concluded afterwards was prejudicial because it was duplicative and because he thought he had been misled by plaintiffs’ trial counsel in allowing it. We conclude that the record does not support the decision, that the testimony of: the two doctors was legally not prejudicial, and that there was no basis in law to have excluded the testimony. We…