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 plaintiffs 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