.. and decided the case on an issue apparently ignored, but certainly not addressed during trial, by counsel.
The case involved a claim for personal injuries arising out of a motor vehicle accident. The complaint was timely filed and was diligently prosecuted.
The case was defensed. But, when the jury was polled, counsel was advised the jury thought the plaintiff’s case was fraudulent because the accident had occurred approximately two years before the complaint was filed and the case was not brought to trial until two more years had passed!
Blame “LA Law” and “Law and Order” where a case is brought to trial before the one hour episode concludes. And yet, those television shows may well be the reason one person agreed to participate in the process and sit on the jury...and take it seriously enough to actually and seriously participate in deliberations.
The lesson: trial counsel should find a way to educate the jurors on the reasons for the delay in a case reaching the jury.