Martinez v. Te
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
The trial court’s decision to set aside, sua sponte, a jury verdict for the defendant in a medical malpractice trial on the basis of juror confusion was plain error. Consequently, for the reasons set forth below, the decision is reversed and the verdict reinstated.
The plaintiff commenced the instant medical malpractice action for injuries allegedly suffered during the defendant’s performance of “water induced thermo-therapy” (hereinafter referred to as WIT) to treat the plaintiffs enlarged prostate. The case was ultimately tried to a jury, which, during…
2Cases cited12 opinions
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