Finkelstein v. District of Columbia

I concur in the result reached by the majority affirming the order of the trial court for a new trial; however, I cannot join in all of its reasons for doing so. I dissent from that portion of the decision which holds that the jury summation made by appellant’s counsel provides support for its decision. On the contrary, I agree with the dissenting opinion of Judge Ferren that such a rationale for rejecting the jury’s verdict is improper and legally unsupportable. However, unlike my dissenting colleagues, I conclude that there is firm support in the record for sustaining the trial court’s…