Sullivan v. Bond

Order unanimously reversed, without costs, and motion granted. Memorandum: After a jury trial at which plaintiff was awarded $7,500 for personal injuries, the court declared a mistrial and set the verdict aside. Plaintiff then retained new counsel who had plaintiff examined by an orthopedic surgeon different from the doctor who had originally treated him and testified at the first trial. It should be noted that the doctor who treated plaintiff and testified for him at the first trial was also retained by defendants and had provided medical reports to defendants. Shortly thereafter, plaintiff…