Sanchez v. Bengochea

Armando Sanchez, defendant in an automobile negligence action, appeals an order granting a new trial. The jury had returned a verdict in his favor. The trial court gave two reasons for granting a new trial: 1) during closing argument defense counsel displayed to the jury photographs of plaintiffs’ car taken after the accident; and 2) defense counsel made inflammatory and prejudicial comments concerning opposing counsel's efforts to prevent the admission of the photographs into evidence. We hold that the trial court abused its discretion in granting a new trial.

Defense counsel’s display of…