 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Heavner v. Cha2/15/2005
tact and that the plaintiff's motion should thus be denied. We conclude that the trial court did exercise itsdiscretion here in denying plaintiff's motion for a new trial.
Plaintiff next asserts that throughout the trial, defense counsel made inflammatory comments and insinuations that impugned the character and veracity of plaintiff's counsel, plaintiff, and plaintiff's witnesses. Plaintiff contends that these statements were so prejudicial that the harm done could not be overcome and that the trial could not have been fair. We disagree. Upon review of the record as a whole, as well as plaintiff's specific complaints of prejudice, we conclude that the trial court did not abuse its discretion in denying plaintiff's motion for a new trial.
First, plaintiff complains about defense counsel's opening statement, which included his remark that, "you're going to have to decide whether the treatment that [plaintiff] received from the chiropractor was legitimate." Plaintiff did not object and cites no authority pertaining to this comment. Where there is no objection, we consider whether statements during trial were so grossly improper that the trial court abused its discretion in failing to intervene ex mero motu. State v. Larrimore, 340 N.C. 119, 158, 456 S.E.2d 789, 810 (1995). Here, we do not believe defense counsel's statement constitutes gross impropriety, and thus the trial court did not abuse its discretion in failing to intervene.
Plaintiff bases his argument on several additional comments of defense counsel during the presentation of evidence. The first instance involved defense counsel's questioning of plaintiff on cross-examination. At one point, defense counsel said, "Youunderstand that - - that you're here in a court of law testifying under oath?" The court interjected an instruction to defense counsel not to make this comment again. We conclude that this comment, although improper, does not reach the level of gross impropriety, and no relief is warranted since the court admonished defense counsel.
Plaintiff next complains of a comment made by defense counsel during an exchange with plaintiff's counsel. During cross- examination of the plaintiff, defense counsel asked about the value of the vehicle's damage and plaintiff's attorney said, "Well, I _ we might be getting in an area that - " At this point, defense counsel asked, "Well, does Mr. Burch [plaintiff's counsel] want to lodge an objection?" Plaintiff's counsel objected and was overruled. Plaintiff argues that the implication of counsel's statement is that a party who objects is hiding the truth. However, plaintiff has not explained how this exchange prejudiced the jury against her. This argument lacks merit.
Next, plaintiff centers on defense counsel's questioning about when plaintiff hired her attorney. Plaintiff's counsel objected to this question and the court sustained the objection. This Court has held that questions regarding when a plaintiff hired counsel are proper where there are issues concerning the severity of plaintiff's injury, exaggeration, or for impeachment. Williams v. McCoy, 145 N.C. App. 111, 114-16, 550 S.E.2d 796, 799-800 (2001). Moreover, here, the court sustained plaintiff's objection and the answer did not come in. Plaintiff also suggests that defense counsel's question about a witness's testimony in an unrelated trial earlier in the week deprived her of a fair trial. During cross-examination of plaintiff's expert, Dr. Hilton, defense counsel asked for Dr. Hilton's opinion of plaintiff's chiropractor, Dr. Shook, and stated, "Dr. Shook said yesterday as an expert testi - - -" Plaintiff's counsel objected and the court sustained the objection and instructed defense counsel n
Page 1 2 3 4 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|