Hernandez v. Paicius

Opinion

IKOLA, J.

Miguel Hernandez (plaintiff) appeals from a judgment after jury trial of his medical malpractice action against Richard M. Paicius, M.D. (defendant). Plaintiff contends the court erred in denying motions in limine relating to evidence of his alienage and psychological condition. He further asserts the court improperly denied his motion to disqualify defense counsel and declare a mistrial based on counsel’s misconduct. As we discuss, post, the court’s denial of the motion regarding alienage and the motion for mistrial compel reversal.

First, we note the remarks of the trial…