Askew v. Hardman

I respectfully dissent. Because of a perceived pre trial discovery glitch, and the mere theoretical possibility that some earth-shattering evidence might have been found in the insurance adjuster’s file, the majority gives plaintiff a new trial. Without regard to what plaintiff might actually have found in the file, plaintiff gets a whole new bite at the apple — a second chance to select jurors, interrogate and cross-examine witnesses, argue for and against jury instructions, and argue to a jury. Not only is this unfair to defendant, it needlessly burdens the system. A second staging of a…