Gomez v. TUCSON YELLOW CAB. CO.

OPINION

HATHAWAY, Chief Judge.

This appeal challenges the trial court’s granting a motion in limine regarding the admissibility of evidence and its handling of jury instructions when it returned the jury for further deliberations. We believe the trial court erred in denying the jury an opportunity to change its verdict upon reconsideration and we therefore reverse. In addition, since appellant’s first point is apt to arise in a retrial of this case, we will answer that question.

The appeal stems from an automobile accident which occurred in the early morning hours of June 16, 1977, at the…