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Roetenberger v. Christ Hospital9/30/2005
ou will because you know the answer."
{ } Regarding Roetenberger's counsel, defense counsel stated to the jury, "[Roetenberger's counsel] don't want a reasoned debate. They have not wanted that from opening statement and they don't want it now. They want money. If they wanted a reasoned debate about the medical components of a medical case they would know how to ask medical questions. * * * That's an absolute and utter misrepresentation and manipulation of the burden of proof. * * * Manipulation, manipulation, manipulation. Don't let them do it. It's wrong. * * * That's the only thing they can do in front of you because they don't know how to ask the people questions. That's what's going on here. They stand up here and malign my three experts. They had a chance to cross-examine these people and ask them intelligent questions and pronounce the drugs appropriately and ask them questions about medicine and they didn't do it. Why? Because they didn't know how. They didn't have a clue. I'm going to talk to you for a minute how they still after two and a half years don't understand the case. * * * Is this the way people are going to be treated in an American courtroom? Is this the way with this kind of deplorable evidence, where they don't know the medicine and if they can't cross-examine experts they have to try to insult them as they've insulted Dr. Saeed in this courtroom? And they want nine million dollars for that? * * * Their hearts are empty. Their souls are empty for what they've done in this courtroom to this doctor. * * * They've tried every trick in the book. And let me show you the trick because you know I'm right. The game they played in this courtroom is deplorable." Defense counsel also warned the jurors that returning a verdict in Roetenberger's favor would "affirm" the "behavior" of plaintiff's counsel.
{ } Defense counsel maligned Roetenberger's experts, accusing them of "manipulating" the case and "participating in this creation of this lawsuit against this good doctor to make all kinds of money." Defense counsel called one of Roetenberger's medical experts an "idiot," arguing that the expert was not credible because he wore "gym shoes" and "baggy pants." Defense counsel also argued to the jury that returning a verdict in Roetenberger's favor would "brand" Saeed "with malpractice for the rest of his life" and reward Roetenberger's "greed."
{ } Defense counsel injected his personal views on the evidence into the trial, stating, "I think that [a nurse who testified] was a spectacular witness. * * * I don't think money should be awarded. Not a penny. * * * They have treated [Dr. Saeed] in a deplorable fashion in my view, deplorable. * * * [Compensating Roetenberger] would be in my view an absolute wrong thing to do."
{ } Closing argument presents counsel with the opportunity to comment on the evidence and the reasonable inferences to be drawn from the evidence. See Wilson v. Ahn, 1st Dist. No. C-020615, 2003-Ohio-4305. Remarks or arguments that are not supported by the evidence and are designed to arouse passion or prejudice to the extent that there is a substantial likelihood that the jury may be misled are improper. See Brokamp v. Mercy Hosp. Anderson (1999), 132 Ohio App.3d 850, 726 N.E.2d 594; Jones v. Olcese (1991), 75 Ohio App.3d 34, 598 N.E.2d 853. "When argument spills into disparagement not based on any evidence, it is improper." See Clark v. Doe (1997), 119 Ohio App.3d 296, 695 N.E.2d 276, citing Cusumano v. Pepsi-Cola Bottling Co. (1967), 9 Ohio App.2d 105, 223 N.E.2d 477. Counsel is obligated to refrain from unwarranted attacks on opposing counsel, the opposing party, and the witnesses. See Jones v. Macedonia-Northfield Banking Co. (1937), 132 Ohio S
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