A New Jersey appeals court has ordered a new trial in a slip-and-fall case, saying a defense attorney’s comments during summation may have influenced the jury in returning a no-cause verdict in favor of the defendant.

The three-judge Appellate Division panel in an unpublished opinion said the defense attorney’s improper summation, in which he referenced deposition testimony from the plaintiff that was not in evidence, was compounded by the trial judge’s failure to offer a curative instruction to the jury.