In an unreported opinion, Wolfson v. Tukatech, Inc., 2010 WL 3170521 (Cal. Ct. App. 2d Dist. Aug. 12, 2010), the Second District Court of Appeal considered whether a new trial was correctly ordered after plaintiff’s attorney argued to the jury about plaintiff’s right to recover for his future wages. The Court of Appeal affirmed the new trial order because the “record supports the trial court’s finding that Wolfson’s trial counsel committed prejudicial misconduct when arguing to the jury about Wolfson’s right to recover for his future wages”.
The court held that the plaintiff’s attorney misstated the law by “repeatedly argu[ing] unauthorized instructions whose flaws should have been obvious, even after repeated objections to those instructions were sustained”; thus, the court held “that the trial court did not abuse its broad discretion by finding that misconduct occurred.” Continue reading