Sikora v. Parikh

Jury verdict for both Defendants in medical malpractice action for death from pulmonary embolism. Court properly granted Plaintiff's motion for new trial. Closing argument by defense counsel who asked jury to place itself in defendant physician's shoes was not substantially improper. Defense counsel's violation of pretrial in limine order, which barred any mention of decedent's initial refusal to be transferred to hospital on day when he died, was highly prejudicial and warranted new trial. (ELLIS, concurring; GORDON, specially concurring.)