Del'Ostia v. Strasser

During this professional negligence trial, the trial judge, all counsel and court reporter exited the courtroom to discuss an objection posed by plaintiff. Defendant was left on the witness stand in close proximity to the jury, who remained in the jury box.

When the judge, counsel and reporter later returned, plaintiff and her counsel began a private conference within the courtroom, during which- the trial judge engaged in an unrecorded conversation with the jury in an attempt to afford some distraction and therefore privacy to plaintiffs conference with her counsel.. Defendant, who was still…