Superior Court Affirms Grant of New Trial Based On Counsel Persistently Asking Questions About Inadmissible Matters

In the Non-Precedential decision by the Pennsylvania Superior Court in the case of Lopez v. Crown Equipment Corp., No. 3146 EDA 2022 (Pa. Super. May 21, 2024 Dubow, J., McLaughlin, J. and King, J.) (Op. by Dubow, J.), the Court affirmed a trial court’s granting of a new trial to a Plaintiff after a verdict was entered for a Defendant in a products liability case.

On appeal, the Superior Court noted that the defense counsel’s persistent questions about matters that were inadmissible in this strict liability matter served to prejudice the Plaintiff, thus requiring a new trial.

The Superior Court noted that the trial court judge was in the best position to observe how a trial is being conducted and to determine whether statements by counsel or a witness could have a prejudicial effect on the jury.

Anyone wishing to review a copy of this Non-Precedential decision may click this LINK.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.