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Bindschusz v. Phillips

Defendants were not entitled to a new trial in a medical malpractice case because the trial court's reasons for admitting expert testimony were sound, his barring of a previously undisclosed surveillance tape was proper, his jury charges on burden of proof and causation were accurate and clear explanations of the law, and there was substantial evidence to support the jury's verdict.

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J. A36004/00

� 1 This appeal has been taken from the judgment entered on the verdict of the jury *fn2 in favor of appellee, Robbie Bindschusz, following the denial of the post-trial motions of appellants by the Court of Common Pleas of Delaware County. Appellants contend that they are entitled to a new trial as a result of certain evidentiary rulings made by the trial court. We disagree and, therefore, affirm the judgment entered upon the verdict.

� 2 The basic facts of the case are not in dispute. Appellee, Robbie Bindschusz, injured his knee when he jumped from a tow truck while at work on April 26, 1992. The following day he went to the offices of Paoli Orthopaedic Associates and was seen by Herman P. Phillips, M.D., an orthopedic surgeon. Dr. Phillips diagnosed appellee as suffering from a torn meniscus, and nine days thereafter, on May 6, 1992, performed arthroscopic surgery, an outpatient procedure, to repair the knee. The surgery was successful but following his discharge, appellee Bindschusz complained of such severe pain that the next day, May 7, 1992, Dr. Phillips ordered a venogram test to insure that the pain was not associated with a blood clot. The test results were negative for a clot.

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