Juarez v. Commonwealth Medical Associates

Two trials took place in this medical malpractice action filed by plaintiff Carmen Juarez. The first trial raises the question of a trial court’s authority to act once it finds a lawyer intentionally brought about a mistrial.

Judge Ronald Banks entered an order declaring a mistrial on the second day of the first jury trial, finding plaintiffs attorney, Jeanine L. Stevens (Stevens), repeatedly violated evidentiary and procedural rules as well as the court’s order in limine. Judge Banks sanctioned Stevens for the mistrial by ordering her to pay all attorney fees and costs incurred by the defense…