Carmack v. Cichon

Following the declaration of a mistrial, the trial court assessed costs of $1,728 against plaintiffs attorney, Frederick Jasmer. This Court granted him leave to appeal.

As the result of certain statements made by plaintiffs attorney during his closing argument to the jury, the trial court granted defendants’ motion for a mistrial. At that time, defendants also moved that they be awarded costs on the basis that the remarks of plaintiffs counsel had precipitated the mistrial. The trial judge, however, deferred his ruling on the matter of costs until later. Three days following the declaration of…