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.
