BARBARA SZCZECINA AND MICHAEL SZCZECINA v. PV HOLDING CORP and JOSEPH J. MARTINO AND MELISSA BOOS (A-3437-08T3) 06-25-10
We reverse a $1,000,000 jury verdict following a verbal
threshold, damages-only trial due to clearly inappropriate
statements about the defense made by plaintiff’s counsel in his
opening statement and summation. Those statements included
derisive comments about defendants, their counsel, and their
expert witnesses, as well as counsel's request that the jury
"send a message" through its verdict. Because we conclude that
counsel's conduct infected the jury's verdict, we reverse and
remand for a new trial.
