A mistrial caused by a courtroom recording failure may have cost a New Jersey medical malpractice plaintiff up to $560,000 of a high-low settlement. The judge declared the mistrial after she was unable to meet the jury's request for a playback of crucial testimony during a six-day trial. The jury declared it was deadlocked without the testimony. What the judge didn't know that there was a high-low agreement to cap any verdict at $800,000, but give the plaintiff at least $240,000 in case of a hung jury.
November 06, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A mistrial caused by a courtroom recording failure may have cost a medical malpractice plaintiff in New Jersey’s Essex County up to $560,000 of a high-low settlement, and it is stirring calls for more stenographers in New Jersey courts.
The incident also prompted administrators in Essex to order an overhaul of the courts’ entire stock of aging tape machines — the audio version of used cars from the early 1990s.
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