Shaw v. Jain

It’s not just plaintiffs’ attorneys who attempt to distract juries with irrelevancies. A Florida court of appeal has reversed a medical malpractice defense verdict in a case where the defense attorney made repeated reference to the plaintiff’s marijuana use—even though there was no evidence that that usage affected her injuries, treatment, or recovery. (Shaw v. […]

It’s not just plaintiffs’ attorneys who attempt to distract juries with irrelevancies. A Florida court of appeal has reversed a medical malpractice defense verdict in a case where the defense attorney made repeated reference to the plaintiff’s marijuana use—even though there was no evidence that that usage affected her injuries, treatment, or recovery. (Shaw v. Jain, No. 1D04-4178, Fla. App. Oct. 20, 2005 (via Conigliaro)).

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