Opinion
C.A. No. 97C-01-045-JEB
April 16, 2002
Joseph W. Benson, Esq., Andrew G. Ahern, III, Esq., Wilmington, DE.
Daniel L. McKenty, Esq., Wilmington, DE.
Dear Counsel:
This case was tried by Judge Bifferato and reversed and remanded to this Court for additional proceedings. The reversal occurred because the Supreme Court held that certain medical bills were erroneously admitted into evidence. Supreme Court remanded the case to this Court for determination as to whether certain other bills were attributable to the accident which forms the basis for this suit and to what extent defendant was prejudiced by the improper admission of other bills.
In response to this remand, plaintiff has filed a motion for entry of judgment and asked this Court to reduce the amount of the original judgment by the amount of bills which she concedes were improperly admitted. Defendant has moved for a new trial urging that the admission of a significant amount of inadmissable bills unfairly prejudiced the jury against his client.
The Court has examined the record of the first trial and concludes that a new trial is warranted. The prejudice to the defendant of the admission of six to eleven thousand dollars in unrecoverable medical expenses constitutes sufficient prejudice as to call into question the validity of the original jury verdict. It is also not clear on the existing record which bills are properly admissible.
Plaintiff's motion for entry of judgment is Denied. Defendant's motion for a new trial is Granted.
IT IS SO ORDERED.