You’ll recall that there was a huge verdict against the University Hospital back in March 2015. (See my blog for 2/20/15 and 3/2/15) That verdict was later reduced due to the non-economic damage cap of the Utah Medical Malpractice Act. (See my blog for 11/17/15)
University Hospital filed its motion today (April 21) for a new trial in the David Scott matter. (Judgment wasn’t entered on the verdict until April 7th– for 6M+, although the verdict was returned on March 2 of last year.)
The basis for the motion is plaintiff’s counsel’s alleged violations of a pretrial order limiting references to “conscience of the community,” or “send a message,” arguments to the jury, as well as other statements.
The memorandum in support of the motion is here. I also refer the reader to my paper on improper jury argument from a presentation to the state trial judges last May.
