Pennsylvania Superior Court Decision Emphasizes Importance of Adhering to Pretrial Rulings

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Pennsylvania Superior Court Judge, Alice Beck Dubow, upheld the trial court's decision to grant a new trial in a products liability case against Crown Equipment Corp. due to counsel misconduct.

The misconduct by Crown Equipment's counsel was found to have profoundly and pervasively tainted the proceedings, leading to prejudice against the plaintiffs, Josue Perez Lopez and Mayelia Hernandez. Despite Crown Equipment's objections, the court agreed that the only fair remedy was a new trial, given the counsel's intentional efforts to mislead the jury and violate evidentiary rulings. The plaintiffs had originally filed suit after Lopez was injured while using an electric pallet jack.

The trial court and Superior Court found that the defense counsel's actions, which included bringing up inadmissible evidence, warranted the granting of a new trial to ensure a fair process. The plaintiffs' attorney, Joseph L. Messa Jr., of Messa & Associates, said he is happy with the result and that the court in this case, and all cases, shouldn't tolerate lawyers who ignore pretrial rulings.

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About the Author:

Director of Marketing for Messa & Associates located in Philadelphia, Pennsylvania. For all marketing or press release communications, contact sking@messalaw.com.

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