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Depew v. Sullivan5/22/2003
rty, and not the opponent, who desires the testimony to be heard.
V. CONCLUSION
Due to the error made at voir dire, we reverse the jury's verdict and the ensuing judgment and remand for a new trial. We also vacate the imposition of discovery sanctions against Plaintiff's counsel and invite the trial court to reimpose them only if, after considering counsel's involvement in the discovery violation, it finds that it is just to do so. Finally, as to the issues discussed in Section IV of this opinion, which are technically mooted by our decision but likely to resurface on remand, we invite the trial court to follow the guidance that we have provided herein.
Gregory K. Orme, Judge
WE CONCUR:
Judith M. Billings, Associate Presiding Judge
Pamela T. Greenwood, Judge
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