Johnson v. Washington County
Also decided on this docket: Minn., June 30, 1994 518 N.W.2d 594
Cited by
- Freedom Kerkula, Respondent, Minn. Ct. App. 2021
- W. J. A., Respondent, Minn. Ct. App. 2019
- A17-2040 Minn. Ct. App. 2018
- Muehlhauser v. Erickson 621 N.W.2d 24 Minn. Ct. App. 2000
- Johnson v. Washington County 518 N.W.2d 594 Minn. 1994
Authorities cited
Identified automatically; this list may not be exhaustive.
- Nadeau v. County of Ramsey 277 N.W.2d 520
- McPherson v. Buege 360 N.W.2d 344
- Wild v. Rarig 234 N.W.2d 775
- Verhel Ex Rel. Verhel v. Independent School District No. 709 359 N.W.2d 579
- Lee v. State, Department of Natural Resources 478 N.W.2d 237
- Johnson v. Lorraine Park Apts. Inc. 128 N.W.2d 758
- Flatin v. Lampert Lumber Company 215 N.W.2d 783
- Henry v. State 406 N.W.2d 608
- Jenson v. Touche Ross & Co. 335 N.W.2d 720
- Newmaster v. Mahmood 361 N.W.2d 130
- Sirek v. State, Department of Natural Resources 496 N.W.2d 807
- Sievert v. First National Bank in Lakefield 358 N.W.2d 409
- Tiedeken v. Tiedeken 363 N.W.2d 909
Opinion text
FLEMING, Judge (concurring in part, dissenting in part). I agree with the majority on all issues except whether respondent’s attorney’s misconduct was reversible error. I respectfully dissent on this issue and would remand for a new trial. Throughout the trial, but particularly during his closing argument, respondent’s trial attorney made inappropriate and inflammatory comments that made an impartial verdict impossible. See Sievert v. First Nat’l Bank in Lakefield, 358 N.W.2d 409, 416 (Minn.App.1984) (“pattern of repeated attorney misconduct may necessitate a new trial, even where no one incident would be sufficiently prejudicial”). Respondent’s attorney’s characterization of appellants’ conduct on June 14, 1990, as “despicable,” “indecent,” “almost immoral,” and bordering on “gross criminal negligence” improperly implied appellants must be punished for Brandon Johnson’s death. See Minn.Stat. § 466.04, subd. 1 (1988) (punitive damages not permitted against school districts and municipalities). Other comments by respondent’s attorney impermissibly evoked the sympathy and prejudice of the jury. See Tiedeken v. Tiedeken, 363 N.W.2d 909, 910 (Minn.App.1985) (damages in wrongful death action are limited to pecuniary loss). Under these circumstances, I believe the aggregate effect of respondent’s trial attorney’s misconduct warrants remanding for a new trial against South Washington County School District.