***Update*** Will Nefzger Prepares For Trial Against Kentucky Farm Bureau Insured In Car Accident Case
Mistrial. I posted about this case last week. Unfortunately, it ended in a mistrial. That will happen when your opposing counsel violates a court order to not attempt to bring into evidence, mention or in anyway refer to, the criminal history of a party.
Opposing counsel asked my client on cross examination about a record of a visit to a hospital in 1995. He did not recall it. Opposing counsel, apparently referencing a note in the record, then asked my client if it refreshed his memory that he was in jail the night before.
This is a civil case for damages resulting from a car accident. The respective parties' criminal history, if any, is irrelevant to the issues and to bring it into evidence only serves to prejudice the jury. That is why the judge granted a pre-trial motion I made to prohibit any mention of it.
When it happened, I immediately asked for a bench conference. I felt I had no choice but to move for a mistrial. It was an easy call for the judge. There was no defense or excuse for the defense attorney's actions.
I was able to speak with a couple of the jurors after they were dismissed. They were disappointed, but understanding. They both said they were shocked that opposing counsel brought that up and knew that it was wrong, so they were not surprised when the mistrial was announced. The other feedback they provided also proved to be valuable.
Of course, my client was devastated. A lot of time, effort and expense all went down the tubes. The judge immediately rescheduled the case to be tried again. In the meantime, I will be moving the court for costs, expenses and fees incurred due to the defense attorney's inexcusable mistake.
