Justice Jack Battaglia
The infant plaintiff allegedly sustained personal injuries resulting from a vehicle accident. Before closing arguments at trial, plaintiffs reached a settlement agreement with Antwi and Sandy, who were absent from the courtroom during summations. Defense counsel addressed Sandy’s absence from court and his stricken testimony, despite the court not doing so. The court interrupted counsel’s summation, excused the jury and noted the summation was inappropriate and “of such a serious prejudicial nature” that it would consider a mistrial if plaintiffs asked for same. Plaintiffs moved for a mistrial, and renewed the motion after the jury rendered a verdict finding Fred Carter not negligent in the accident’s occurrence. The court noted while defense counsel did not outright tell the jury plaintiffs and Sandy reached a settlement based on his admission, counsel’s comments invited improper jury speculation of Sandy’s absence contravening the important state policy encouraging parties to settle cases without fear same would prejudice any claims against non-settling tortfeasors. Thus, while the court gave curative instructions, defense counsel’s comments were part of a pattern of misconduct and its prejudice required a new trial.
