When a plaintiff changed her story on who prescribed her Paxil and when the plaintiff first said she was given Paxil through prescriptions but in the end finally said she was given Paxil through samples alone, a Superior Court judge wondered how a fact-finder could believe any of her stories.
Senior Judge Gene Strassburger, posing a hypothetical during an oral argument session Tuesday, asked if a plaintiff testified first that a traffic light was red and then testified that the light was green, “how can the jury do anything but guess?”
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