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A new trial was ordered after a self-represented plaintiff was subjected to an unfair jury trial involving the improper exclusion of her medical evidence and prejudicial use of her accident benefits settlement.
The appellant, a self-represented, non-English speaking litigant, appealed a trial judgment that dismissed her claim for general damages and awarded substantial costs against her following a motor vehicle accident.
The Court of Appeal found the trial procedurally and substantively unfair due to several errors: the improper management and use of a "Joint Trial Brief" that unfairly excluded evidence favorable to the appellant; the erroneous admission and use of expert medical opinion (Dr. Sanchez's report) as hearsay without cross-examination, while excluding the appellant's expert (Dr. Becker); and the prejudicial use of information about the appellant's statutory accident benefits settlement to suggest malingering.
The Court also found the trial judge erred in failing to revisit the decision not to strike the jury given the complexities and the appellant's self-represented status.
The appeal was allowed, the judgment and orders set aside, and a new trial ordered.
The court granted final custody to the father and ordered escalating access for the mother following child protection concerns.
A child protection disposition hearing following a finding that three children were in need of protection due to emotional harm resulting from parental neglect and exposure to domestic violence and substance abuse.
The mother had exposed the children to crack cocaine use, domestic violence with an abusive boyfriend, serious school absences, and neglect of medical and dental needs.
The father sought custody.
The court granted final custody to the father under section 57.1 of the Child and Family Services Act, finding that the children were thriving in his care and that the mother lacked insight into the harm caused and continued to pose risks through poor judgment and manipulation during access visits.
The court ordered supervised access initially, transitioning to unsupervised weekend and holiday access.
