The defense asked the court to declare a mistrial because the plaintiff’s counsel told the jury “to award a nuclear verdict.” The Court of Appeals disagreed.
January 16, 2024 at 07:08 PM
5 minute read
What You Need to Know
- Defendants in a Cobb County med mal appealed a $10.1M verdict, arguing the jury was told to give a ‘nuclear’ award.
- Plaintiff counsel disagreed, contending their argument and the award were reasonable given what their client went through.
- The appellate court agreed, upholding the trial court’s decisions.
The Georgia Court of Appeals recently upheld a $10.1 million Cobb County medical-malpractice verdict won by Jay Sadd and Daniel Epstein of Slappey & Sadd.
Defense counsel David Hanson and Zach Fuller asked the court to declare a mistrial because the plaintiff’s counsel told the jury “to award a nuclear verdict” and that the trial court made a mistake in upholding an excessive award. They contended that the plaintiff’s closing argument asking the jury to make the defendants “take responsibility for their actions” was punitive and that “[Plaintiff’s] counsel repeatedly and improperly implored the jury to “send a message,” according to their oral argument brief.
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