You be the Judge: Claim to Litigate

If you have a claim to litigate, this may interest you.

New Jersey Court Rules permit evidence of a party's prior criminal convictions to be considered by the jury--but only under certain circumstances.

In a recent case, plaintiff sued for the wrongful death of his wife and charged her attending physicians with 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 because it was irrelevant and 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.

YOU BE THE JUDGE: Is evidence of a litigant's character relevant in a trial?

On appeal, the Supreme Court ordered a new trial.

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. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. 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.