 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Heavner v. Cha2/15/2005
ot to mention Dr. Shook's name in the context of anything that had happened at a prior trial. Again, the court controlled the questioning and plaintiff has not explained how this exchange prejudiced her.
Plaintiff also asserts that defense counsel argued with the court's rulings regarding objections during the evidentiary phase of the trial. While this is true, the court addressed the problem and admonished defense counsel. Again, we fail to see how this prejudiced plaintiff and we conclude that it does not constitute gross impropriety by defense counsel.
Plaintiff additionally contends that defense counsel's closing argument to the jury, wherein he accused plaintiff's attorney of having an agenda of obtaining money, was improper and undermined any possibility of a fair trial, thus entitling her to a new trial. During closing, defense counsel stated:
t the point in time that she [plaintiff] went to her attorney, her claim was worth anywhere from $875 to approximately eighteen, nineteen hundred, but that's when things got sourer and the claim that was worth $875 to $2,000 turned into a claim worth $8,878 . . . . hings got sour when Ms. Heavner, with honest intentions, went to a lawyer, but what _ what you have to ask yourself is do you want to reward this kind of behavior 'cause she couldn't have done itwithout his help and he couldn't have done it without her help . . . . ou can see what happens when you get somebody like Mr. Burch [plaintiff's counsel] involved in this . . . .
Plaintiff's counsel objected to defense counsel's inference that plaintiff and her attorney were conspiring to fraudulently elevate the amount of plaintiff's claim and the court sustained this objection. Likewise, when plaintiff's counsel objected to the statement that "this is what happens when you get somebody like Mr. Burch involved," the court sustained the objection, instructed defense counsel not to make such statements, and then told the jury: " he attorneys, both of them, have injected their personal feelings in this case, neither one of which are relevant. You must base your decision totally upon the evidence presented in the case." Later in the closing, when defense counsel again insinuated that plaintiff's counsel was dishonest, the court told the jury:
he arguments of the attorney with regard to personal attacks on the other attorney are improper. You should not consider those remarks. You should not consider anything the attorney has said regarding his attacks on opposing counsel, nor should you consider his theory that there's some kind of conspiracy between the attorney and the plaintiff in this case. There's no evidence of that and I instruct you not to consider those remarks.
Plaintiff cites Corwin v. Dickey, for support of her proposition that statements that plaintiff or plaintiff's counsel are motivated by greed or profit are prohibited and entitle her to a new trial. 91 N.C. App. 725, 373 S.E.2d 149 (1988). However, the circumstances of Corwin were far more extreme than what occurred here. In Corwin, defense counsel, during closing, said: "Any money that you will award will go to the lawyers; this is a lawyers case, money, money, money! The lawyers brought this case,it is for their benefit. All I see is their financial benefit." Id. at 728, 373 S.E.2d at 151. He then went on to say, "Is it Christian to sue for money? . . . It is as unchristian as Jim and Tammy Bakker" and pointed to the 10 commandments and said, "Suits like this should not be brought." Id. Finally, he said that "there will be a reckoning on Judgment Day for persons who are greedy and how will these people defend this." Id. The Court concluded that even though the trial court su
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.
|
|