DearCustomer- It would appear that you certainly have some issues for appeal, especially in the amount of the award. Obviously if someone committed perjury and lied on the witness stand that is a very serious issue. It is not, however , the burden of the defense to prove that the accident didn't cause the injury. It is the burden of the Plaintiff to prove that it did.
While I sympathize with the loss of memory problem there is no law that protects witnesses from this condition since the rules of evidence require testimony that is accurate and credible.If a witness cannot remember, for whatever reason, the court would permit cross examination to show that lapse of memory. It certainly isn't the fault of the defendant that the plaintiff cannot remember.
Cross examination, by its very nature, attempts to discredit a witness. Not so much to say they are intentionally lying but to point out discrepancies in the testimony in order to raise doubts. If the judge improperly excluded evidence that is an issue for an appeal. I am somewhat surprised that the MS issue was barred from testimony so that may be a good issue for your appeal.
That why I think you have a good issue for appeal. An appeal can only be made on the basis of law, not the facts of the case. In your case it would be the ruling that the judge made not to allow the introduction of the MS evidence. If you win your appeal they may order a retrial and at the new trial the evidence would be allowed to be introduced.
It would still be a question of fact for the jury but they would at least have all the necessary information.
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