Huff v. Rodriguez

Smith and Pine, JJ.

(dissenting). We respectfully dissent and would affirm the judgment inasmuch as we cannot agree with the majority that the comments of defendants’ attorney during his summation warrant reversal. During his summation, defendants’ attorney noted that he had been served with a notice that plaintiff would call an expert witness, and he thereafter stated that plaintiff failed to call her expert because the expert’s testimony would not have supported her case. Contrary to plaintiffs contention, where a party retains an expert and gives notice of that expert to the opposing party,…