Hoey v. Hawkins

DUFFY, Justice:

This is an appeal from a jury verdict for damages in a personal injury action. Liability had been admitted. Plaintiff argues that the Trial Court prejudicially erred in admitting into evidence certain motion picture film. He claims unfair surprise and a violation of the Discovery Rules in that he did not learn of the existence of the film until trial had begun.

I

Plaintiff seeks damages for injuries allegedly received in a vehicular collision on July 7, 1971. He says that he has a permanent back injury which impairs his ability to bend, lift and perform manual work generally.

A…