 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Copeland v. Stebco Products Corp.9/29/2000
use of a manual that had not been disclosed. Plaintiff's counsel failed to object but did move for a mistrial the next day. The trail court denied the motion as untimely. The appellate court found the denial of the mistrial to be an abuse of discretion. The court found that a contemporaneous objection would not have been sufficient to cure the prejudice, even if one had been made. Moreover, a recess would have been an insufficient opportunity for the plaintiff to review a document that consisted of several hundred pages. Bianchi, 266 Ill. App 3d at 776. Here a recess would have been an insufficient opportunity for defendant to review or analyze the new tests and measurements.
In this case the trial judge's efforts to remedy the violation of Rule 213, by striking the portion of the testimony regarding the new tests, did not eliminate the unfair prejudice that resulted. Moreover, the court allowed testimony that escape geometry could be achieved by pulling the cord through the handle, which corroborated the plaintiff's testimony. The failure to disclose Brickman's new test, measurements, findings and conclusions gave plaintiff an unfair tactical advantage and allowed for the type of ambush at trial that Rule 213 is intended to prevent. Once Brickman testified about his undisclosed tests, measurements, findings and conclusions which corroborated plaintiff's testimony, defendant could no longer receive a fair trial. Defendant was deprived of the fundamental right to prepare and defend this case. Under the totality of circumstances the trial court's failure to declare a mistrial was a clear abuse of discretion. Accordingly, plaintiff's Rule 213 violation requires us to reverse the jury verdict and remand for a new trial.
III. Was Reference to the Rachel Barton Case Error?
Defendant next argues that references by plaintiff's counsel to the Rachel Barton case during voir dire and closing argument substantially prejudiced defendant. Although attorneys are generally permitted wide latitude in closing argument, this latitude is not without qualifications. Lauman v. Vandalia Bus Lines, Inc., 288 Ill. App. 3d 1063, 1071 (1997). A judgment will be reversed only when the challenged remarks prevent a party from receiving a fair trial. Decker v. Domino's Pizza, Inc., 268 Ill. App. 3d 521 (1994). In determining whether an improper closing argument has denied a party a fair trial, we are mindful that the reviewing court gives "considerable deference to the trial court as it is in a superior position to assess the accuracy and effect of the counsel's statements." Decker, 268 Ill. App. 3d at 522.
We note the $29.6 million verdict in the Rachel Barton case was returned on March 1, 1999 and trial in this case began on April 28, 1999. Plaintiff's counsel with no objection from defense, questioned prospective jurors as to whether they were prejudiced as to either party by the media coverage of the Rachel Barton case. All prospective jurors answered that they were not biased, prejudiced or predisposed to either party. During voir dire plaintiff's counsel referred to the Rachel Barton case or the violinist case, six times; referred to the $30 million verdict in that case twice; and referred to the leg injury in that case once. In light of the close proximity of the trial in this case to the verdict in the Rachel Barton case, together with the extensive media coverage of the Rachel Barton case, questions to prospective jurors regarding possible prejudice as the result of the Rachel Barton case were appropriate. However, plaintiff's reference to the Rachel Barton case in closing argument is more problematic.
The issue is whether the trial court abused its discretion in denying defend
Page 1 2 3 4 5 6 7 8 9 10 11 12 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|