In its recent "Non-precedential" Memorandum decision in the case of Cornelius
v. Menio, No. 1382 EDA 2013 (Pa. Super. Nov. 10, 2014 Bowes, J., Ott, J. and Jenkins, J.) (Mem. by Ott, J.), the
Pennsylvania Superior Court upheld a defense verdict in favor a doctor in a
medical malpractice case over objections and arguments from the Plaintiff’s
counsel that several of the jurors were allegedly close to the Defendant
doctor.
This Opinion is also notable for the fact that the Superior
Court ruled that the trial court did not err in failing to record sidebars or
motions to strike jurors for cause during voir dire where neither Plaintiff’s
counsel nor defense counsel requested that a court reporter record the
proceedings and where both counsel failed to object to any alleged failure by the
court to record the same.
Accordingly,
the Plaintiff’s complaint with regards to the failure of the court to have the
court reporter take down certain portions of the voir dire was considered to be
waived.
The Superior Court further rejected the Plaintiff’s argument
that the trial court had the ultimate responsibility for ensuring that an
adequate record for appellate review was created. The Superior Court noted that the rules of
court contain no requirements for the recording of sidebar conferences.
The Superior Court's non-precedential decision in the case of Cornelius v. Menio can be viewed HERE.
Commentary: So the next time a trial court judge hesitates at your desire to have a court reporter take down something to record it for possible appellate purposes, this is a ["Non-precedential"] case to politely note to the court as supporting your efforts to protect your client's appellate rights (not to mention your right to engage in some CYA).
Monday, January 5, 2015
New Year's Resolution: Always Request that the Court Reporter Take Everything Down At Trial
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