Appeals Court Grants New Trial Due to Plaintiff Attorney's Inflammatory Language
Finding that a trial judge had abused his discretion by failing to do so, a Florida appeals court has granted a new trial on most issues in a personal injury case because of inflammatory remarks made by the plaintiff’s lawyer in opening and closing remarks.
For example, attorney Michael Laurato of Austin & Laurato in Tampa implied that the defendants had tampered with the evidence—which, in addition to being an improper comment was also irrelevant, because liability had been admitted, the Daily Business Review reported.
A unanimous 3rd District Court of Appeal panel threw out all but $30,000 of a $413, 434 verdict in the case, which concerned a man who was injured when a piece of granite tile fell onto his head as he was riding in an elevator.
