Associate David Mendoza won an appeal of an order denying a motion for new trial and judgment notwithstanding the verdict

Partner John Paulson and Senior Counsel Emily Zinn obtained a defense verdict at trial in an admitted liability vehicle accident case where the jury found the defendant’s negligence did not cause the plaintiff’s harm. The plaintiff filed a motion for new trial and a motion for judgment notwithstanding the verdict, arguing that substantial evidence did not support the defense verdict. The plaintiff also argued that a host of trial errors prejudiced him, including: improper cross-examination and closing argument; admission of belatedly disclosed evidence and expert opinions; and error in reading back expert testimony to the jury.

The trial court denied both motions. The plaintiff appealed, repeating the same arguments from his post-trial motions. The Court of Appeal affirmed the trial court’s decision because substantial evidence supported the defense verdict, and any trial errors were harmless. The defendant was awarded his costs on appeal.