Fitzpatrick v. Wendy's Old Fashioned Hamburgers of New York, Inc.Annotate this Case
In this personal injury suit, the Supreme Judicial Court affirmed the judgment of the trial judge allowing Defendants' motion for a mistrial after Plaintiff's counsel purportedly made improper comments during his closing argument, holding that the judge did not abuse her discretion in allowing the motion for a mistrial.
The judge in this case chose to reserve decision on Defendants' motion for a mistrial until after the jury rendered their verdict. Only after the jury found for Plaintiff did the judge allow the motion and declare a mistrial. After a second trial, Plaintiff once again prevailed but was awarded significantly lower damages. On appeal, Plaintiff argued that once the verdict had been returned, the motion for a mistrial should have been evaluated under the standard for a motion for a new trial. The Supreme Judicial Court affirmed, holding (1) in civil cases, a motion for a mistrial must be decided when made, and after a jury verdict the appropriate method to seek to have a case tried again is by filing a motion for a new trial; and (2) because this requirement applies only prospectively, the judge in this case properly allowed the motion for a mistrial.