Kortner v. Martise
Annotate this CasePlaintiff, as conservator of the person of her daughter, filed a complaint against Defendant, claiming that Defendant committed sexual battery, civil assault and intentional infliction of emotional distress. The jury returned a verdict for Defendant, and the trial court rendered judgment in accordance with the verdict. Plaintiff appealed, arguing, among other things, that the trial court erred in denying her motion to set aside the verdict and for a new trial because an exhibit that was not admitted into evidence at trial was mistakenly given to the jury during its deliberations and had the potential to have a prejudicial impact on the jury. The Supreme Court agreed with Plaintiff and reversed, holding (1) the exhibit was not properly admitted into evidence and, therefore, was not properly before the jury; and (2) the submission of that document to the jury constituted reversible error. Remanded for a new trial.
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