Frank Russo appealed from an order that wiped out his $9.9 million jury verdict against Corey Steel. In this case, the trial judge stepped aside during the post-trial proceedings and Corey Steel’s request for a new trial was granted by a second judge. This was based on his disagreement with the first judge’s ruling on expert testimony.
The amount of damages was the only question for the jury to consider in this admitted-liability, personal-injury lawsuit. Russo, who had hip surgery after an incident caused by a Corey Steel employee, wanted to present testimony from Jeffrey Coe, a physician who also has a Ph.D. in occupational medicine. In his testimony, Dr. Coe would have stated that it is reasonably likely Russo will need an additional hip surgery in the future.
Corey Steel’s lawyer objected because Dr. Coe’s specialty is occupational medicine, not orthopedic surgery; however, the trial judge nonetheless permitted his testimony.