Failure to Give “Missing Witness” Charge Results in New Trial Following Defense Verdict in Car Accident Case
In Devito v. Feliciano, decided November 26, 2013, the New York Court of Appeals held that the trial court erroneously failed to give a “missing witness” charge in a car accident case. The court held: [W]hen a missing witness charge is requested in a civil case, the uncalled witness’s testimony may properly be considered cumulative…
Read More Failure to Give “Missing Witness” Charge Results in New Trial Following Defense Verdict in Car Accident Case