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Garcia v. Conmed Corp.
California Court of Appeal
204 Cal. App. 4th 144, 138 Cal. Rptr. 3d 665 (2012)
Facts
During closing argument in a medical-malpractice and products-liability trial, Andrew Garcia’s (plaintiff) counsel accused witnesses of perjury, referred to the wealth of Conmed Corp., (Conmed) (defendant) and Garcia’s lack of resources, and indirectly appealed to the jurors to imagine themselves in Garcia’s position. Notwithstanding the impropriety of such comments, Conmed’s counsel failed to object or ask for an admonition to the jury when they were made. On appeal, Conmed argued for a new trial based on the misconduct.
Rule of Law
Issue
Holding and Reasoning (Premo, J.)
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