A New Jersey appellate panel affirmed a trial court in denying a plaintiff’s requests for a new trial, and to have the opposing attorney recused for referencing the plaintiff’s past DWI offense.

In Hynes v. Gibson, plaintiff Jarrett Hynes argued that the jury verdict constituted a miscarriage of justice because the trial court charged the jury on comparative negligence, and because of improper comments by defense counsel about a 2007 DWI offense during cross-examination, which he claims the court’s curative instructions did not remedy.