Dominguez v. Pantalone
California Court of Appeal
212 Cal. App. 3d 201, 260 Cal. Rptr. 431 (1989)
- Written by Mary Phelan D'Isa, JD
Facts
Allison J. Dominguez (plaintiff) sued Eloise Violet Pantalone (defendant) for negligence when Pantalone’s car collided with Dominguez’s motorcycle, causing Dominguez to suffer sustained hearing loss and significant and permanent brain injuries. A jury returned a $1.5 million-plus verdict for Dominguez after finding that Pantalone’s negligence was the proximate cause of Dominguez’s injuries. After judgment was entered for Dominguez, Pantalone moved for new trial, alleging an insufficiency of evidence and prejudicial misconduct of Dominguez’s counsel when he sought to introduce opinion evidence that the trial court considered inadmissible. The trial court denied the new trial, and Pantalone appealed. Pantalone alleged that she was denied a fair trial because of Dominguez’s counsel’s “blatant and persistent misconduct” and the trial court’s improper denial of her request for a new trial after the trial court concluded that the jury had wrongly decided the case.
Rule of Law
Issue
Holding and Reasoning (Lillie, J.)
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