Practice point: In this dental malpractice action, the plaintiff-appellant contends that the court erred in denying her request
that the jury be given an interrogatory asking whether there had been a
departure in the preoperative planning itself, and in the performance of
the surgery, rather than just in his failure to communicate the change in plan. The Appellate Division agreed, and reversed.
While the trial court has broad discretion in deciding whether to submit interrogatories to the jury, pursuant to CPLR
4111[c], where there is sufficient evidence to support a
plaintiff's cause of action pursuant to a particular theory of
negligence, it is error to deny a request by the plaintiff to submit an
interrogatory to the jury regarding that theory.
Student note: Where a court improperly limits a verdict sheet in this manner, a new trial is warranted, and the Appellate Division ordered one here.
Case: Abato v. Beller, NY Slip Op 07460 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Statutes of limitations for false arrest, false imprisonment, and intentional infliction of emotional distress.
