The Superior Court has thrown out sanctions in the amount of $52,000 leveled at a defense attorney whose reference during opening arguments in a medical malpractice trial to expert testimony the trial court had already barred resulted in a mistrial.
The three-judge panel in Stahl v. Redcay,PICS Case No. 06-0390 (Pa. Super. March 17, 2006) Gantman, J. (25 pages), ruled that while a mistrial was necessary because of the lawyer’s comments, the judge’s orders weren’t specific enough to warrant sanctions.
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