You be the Judge: But Im not a bad Person

YOU BE THE JUDGE

If you believe that evidence of a person's character should always be of interest during a trial, this may interest you.

In a recent case, plaintiff sued for the wrongful death of his wife. He charged that her attending physicians were guilty of medical malpractice.

His wife had lapsed into a coma during surgery and later died.

During the trial, the defendant physicians sought to inform the jury that plaintiff's wife had been convicted of welfare fraud.

Plaintiff objected. He claimed that evidence of these difficulties were irrelevant to whether the doctors had performed properly. He felt that evidence about his wife's financial difficulties was unduly prejudicial.

The trial court found that the wife's character was an issue and that evidence of her conviction was relevant to the determination of that issue. The trial judge permitted the evidence and the jury returned a verdict for the doctors.

The plaintiff appealed to the Supreme Court of New Jersey.

YOU BE THE JUDGE: When a person brings a lawsuit, does that entitle a review of every aspect of his "character"?

The Supreme Court said no, and ordered a new trial.

The Court observed that the New Jersey Court Rules permit evidence of a party's prior criminal convictions to be considered by the jury at trial--but that review is not automatic; certain circumstances must be considered.

The Supreme Court pointed out that "character" is an issue only insofar as it is an element of a particular claim by plaintiff or defense by a defendant. Plaintiff was suing to recover for the loss of his wife's guidance and advice to her children in the future had she lived. Therefore it was relevant to determine whether the decedent would have made future contributions to her family or provided advice, guidance and counsel, but her good or bad "character" was not relevant to that determination.

The Supreme Court held evidence of the conviction put the decedent's quality as a person on trial. Since this might have prejudiced the jury, a new trial was ordered.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Bergen County, Passaic County, Essex County, Morris County, Union County, Hudson County, Mercer County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.