Ida Kathleen Mincey v. Anthony G. Blando

Plaintiff Ida Mincey sues for personal injury and her husband Maurice Mincey sues for loss of consortium, arising from alleged medical malpractice by defendants Dr. Gould and Dr. Blando. A jury trial resulted in a verdict for both defendants. From judgment accordingly, plaintiffs appeal. Contrary to the argument by defendant Gould, we hold: (1) Plaintiffs made a submissible case against him, and (2) the trial court erred in admitting the deposition of Gould taken on written questions. We therefore reverse and remand for a new trial as to defendant Gould. Contrary to the arguments by plaintiffs, we hold that there was no error as to defendant Blando: (1) the admission of the Gould deposition was immaterial and non-prejudicial with respect to plaintiffs' claim against defendant Balndo; (2) permission for the whole of Exhibit 23 to be delivered to the jury room was not reversible error; and (3) the inadvertent delivery of only part of the exhibits, those consisting of only defendants' exhibits, and permitting those exhibits to be in the jury room for 20 to 30 minutes before being taken out, was not reversible error.