Mahoney v. Mitchell

OPINION OF THE COURT BY

BURNS, CJ.

In this medical malpractice case tried by a jury, plaintiffs appeal the judgment in favor of defendant Dr. James E. Mitchell.

The questions before us are:

1. May plaintiffs complain about the trial judge’s refusal to suppress the testimony of defendant’s witness when the testimony sought to be suppressed is not introduced at trial?

2. Did the trial judge’s comments during the trial to plaintiffs’ counsel in the jury’s presence deny plaintiffs a fair trial?

3. Did the trial judge err in not giving various instructions requested by plaintiffs?

4. Did the jury use…