Opinion
No. 88-835.
Filed June 15, 1990.
Appeal from the District Court for Madison County, RICHARD P. GARDEN, Judge, upon the recommendation of the Appellate Division of the District Court, HAMILTON, KNAPP, and QUIST, District Judges. Reversed and remanded for a new trial.
William A. Wieland, of Healey, Wieland, Kluender, Atwood, Jacobs Geier, for appellant.
Thomas J. Shomaker and Craig W. Feil, of Sodoro, Daly Sodoro, for appellee.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
Upon consideration of the record, briefs, and recommendation of the Appellate Division of the District Court, we find that the trial court abused its discretion in the admission of opinion testimony, and therefore the judgment of the district court is reversed and the cause remanded for a new trial.
REVERSED AND REMANDED FOR A NEW TRIAL.