Shelak v. White Motor Co.

Although I concur in all of the other portions of the opinion, I must dissent from the result reached with respect to retrial on the issue of damages. My brethren order a new trial in essence because the trial judge refused to grant a continuance as a result of the failure of plaintiff’s counsel to reply adequately to discovery interrogatories. They rely on their reading of the record. I do not read it quite the same. But my difference is not predicated on the record alone; it is based in the first instance on using the record as the sole basis to evaluate whether the trial judge abused his…