Anyone who has seen a movie involving a jury trial knows that things can get quite heated when it comes to making statements in front of the jury and making a compelling argument. There are quite a few rules that apply when it comes to what lawyers can and cannot say during the trial when the jury is present in the room. These rules are designed to keep the proceedings fair and to ensure that the jury is not unfairly biased or persuaded based on an off-hand comment by one of the lawyers.
In the recent case of Baisony v. City of Boston, the plaintiff filed a lawsuit against the City of Boston after suffering injuries when a police cruiser collided with the bicycle that he was riding. The plaintiff alleged that the police officer driving the cruiser was traveling the wrong direction down a one-way street when the collision occurred. At the close of trial, the jury awarded the injured plaintiff $22,000 in damages.
The defendant brought post-judgment motions, including a motion for judgment as a matter of law, a new trial, or a remittitur. In its motions, the defendant contended that the lower court judge erred when ruling on certain evidentiary matters during the proceedings and that the plaintiff’s counsel was insufficiently sanctioned for what the defendant characterized as misconduct during the trial.