 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Vaughn v. Progressive Casualty Insurance Co.7/29/2005
Lane Vaughn appeals the Amended Final Judgment entered in his personal injury action. He argues that the trial court's prejudicial comments about the evidence and his counsel in the presence of the jury worked to prejudice the jury against him, as demonstrated by the jury's damage award and its finding of comparative negligence. Although other issues are raised by Vaughn, our resolution of this particular issue renders the others moot.
Vaughn filed a personal injury action seeking benefits under the uninsured/underinsured coverage of his automobile insurance policy issued by Progressive American Insurance Company. He also sought damages from APAC-Florida, Inc. and PJS Excavating, Inc., now known as Delta Milling, Inc. of Lake County, which Vaughn claims had been involved in the construction and repair work along the section of I-95 where the accident occurred.
Vaughn alleged that he was involved in a single-car accident that occurred on I-95 in the early morning hours. Vaughn further alleged that while he was driving, he noticed a phantom vehicle approaching him from behind and exhibiting erratic behavior. He was watching the vehicle in his rear-view mirror when he ran off the interstate and allegedly struck a pile of asphalt that he claims was negligently deposited along the roadway by construction crews. His vehicle overturned several times in the median, resulting in his injuries.
The nineteen-day jury trial ended with a jury verdict finding that the damages totaled $400,000. Vaughn's comparative negligence was set at 70%, while APAC and Delta were each found to be 15% negligent. Progressive was found to be without fault. Vaughn claims that the trial judge, in the presence of the jury, repeatedly rebuked his counsel and improperly commented on the evidence. As a result, Vaughn contends that the jury was prejudiced against him, as reflected in the amount of damages awarded and the percentage of comparative negligence attributed to him.
Reading Vaughn's brief, one might get the impression that the trial judge, in many noted instances, treated opposing counsel with the utmost courtesy and consideration, but by harsh and intimidating demeanor sought to debase and discredit Vaughn's counsel and impugn his credibility in the presence of the jury. We can find no reasonable basis for the contention that the trial judge intentionally showed favoritism toward one side over the other; rather, it is readily apparent from the record that he showered his wrath upon all participants, although much appears to have been directed toward Vaughn's counsel. Therefore, we believe that counsel for Vaughn appears altogether too ready to attribute favoritism and unworthy motives to the trial judge in his attempt to seek a reversal here.
Be that as it may, when we look at the transcripts of the trial proceedings, we see a senior trial judge worried about time constraints placed upon him by his assignment as a senior judge to this particular trial, impatient and frustrated with the lawyers and the proceedings, and who, at times, lost his composure in the presence of the jury by taking his frustrations out on the lawyers, especially on counsel for Vaughn. At the risk of unduly burdening the reader with tedious and boring information, we believe it necessary to include extensive quotes from the trial transcript to show the extent of the rebuke of Vaughn's counsel in the presence of the jury. What follows are some of the more salient excerpts that Vaughn claims warrant reversal. The cast of participants are: the court; Mr. Haynes, counsel for Vaughn; Mr. Reese, counsel for APAC; Mr. Nelson, the dismissed juror; and the witnesses, who shall remain nameless.
[THE WIT
Page 1 2 3 4 5 6 Florida Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|