ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Appellate Law Blogs -> Illinois Appellate Lawyer Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Appellate Law

: Illinois Appellate Lawyer Blog

?Slick Lawyer? Remark Not Enough To Reverse Doctor?s Malpractice Verdict

By Steven R. Merican

ADVERTISEMENTS

Sonya Wilbourn sued her doctor, Mark Cavalenes, for medical malpractice. Wilbourn claimed Cavalenes inserted the wrong size compression plate when he performed surgery on Wilbourn?s fractured femur.

The jury gave a verdict in favor of Dr. Cavalenes, Wilbourn then asked for a new trial, but the trial court refused. So Wilbourn appealed. Among her arguments to the appellate court, Wilbourn claimed she was denied a fair trial because of a prejudicial remark by the defense lawyer during his closing argument.

During his closing argument to the jury, Cavalenes?s attorney called Wilbourn?s attorney a ?slick lawyer? who tried to twist Dr. Cavalenes?s words. Wilbourn argued that the remark amounted to ?plain error.? But the First District Illinois Appellate Court ruled that the comment did not change the outcome of the trial, and affirmed the verdict.

Here?s why the court rejected Wilbourn?s argument.

We cannot disturb the trial court's denial of plaintiff's motion for a new trial based upon defense counsel's isolated reference to plaintiff's attorney as a "slick lawyer trying to twist [Dr. Cavalenes'] words." This reference was made in response to plaintiff's counsel's assertion of his personal opinion as to the credibility of Dr. Cavalenes, and was a response to plaintiff's counsel's personal belief that Dr. Cavalenes was not credible. The trial court was able to observe the effect of the improper comments on the jury, and was in a position vastly superior to determine whether the improper comments denied plaintiff a fair trial. The trial court determined that the comments did not deny plaintiff a fair trial, and based upon the record before us, we cannot disturb that ruling.

The appellate opinion also is remarkable for its discussion of the ?plain error? doctrine. The court described application of the doctrine in civil cases as ?exceedingly rare.?

Read the whole opinion, Wilbourn v. Cavalenes, No. 1-08-3603 (2/19/10), by clicking here.

Full post as published by Illinois Appellate Lawyer Blog on June 07, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0142 secs (new cache)