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> On Nov 21, 2024, at 1:01 PM, list
>
> ?*** Member’s Message ****
> Sender: Charles Faillace
> Date: 11/21/2024 12:53:06 PM
>
>
>
> Hi all.:
>
> My question involves the number of departure questions plaintiff is allowed on a verdict sheet.
>
> On Monday, I will have a charge conference on this issue.
>
> I adduced proof from plaintiffs expert that all the other problems and departures emanated from the first surgery. I know plaintiff’s counsel is going to try and get seven or eight departures, each individual thing.
>
> Obviously, I only want one departure question since the others are a subset that emanate from that surgery.
>
> We are not finding caselaw regarding the scope of this issue. If anybody has anything to share, I would appreciate it.
>
> I am aware that this is generally within judicial discretion. I would like to “push” this judge with some decisional law.
>
> Thanks in advance
>
> Chuck
>
>
> Chuck Faillace
> Partner
> Barker Patterson Nichols, LLP
>
> Cell: 929-417-7404
> E-mail: c.faillace@bpn.law