Schaub v. Job

DUNN, Justice

(concurring in part and dissenting in part).

I would concur with the majority opinion in remanding the matter of terms for further determination.

I am also of the opinion that the entire case should be retried. The only affirmative evidence in the record came from the doctors who testified to certain definite injuries and impairment of each of the appellants and related these injuries to the present accident. No medical testimony was presented to refute these opinions. Instead of contrary medical evidence, we have a blistering cross-examination with almost every question directed towards prejudicing the jury against these appellants and their doctors. After a full review of the record, I am of the firm opinion that these appellants were not given a fair trial. I would reverse and remand the case for a new trial.