Supreme Court of Delaware

Scott O'Riley, Below v. Shawn Rogers, Below

June 19, 20132013 Del. LEXIS 303

Summary

The Supreme Court of Delaware held that the trial judge properly excluded speculative medical testimony concerning possible improvement in the plaintiff's injuries after hypothetical treatment. Because the evidentiary ruling was correct, the judge abused his discretion by ordering a new trial on damages. The court vacated the new-trial judgment, subsequent rulings, and second verdict, and remanded for reinstatement of the original verdict.