New Jersey Law Journal
May 12, 2008
INADMISSIBLE
Attorney at Low
A $280,000 settlement on May 6 in Newark has ended the strange case of the courtroom audio glitch that might have cost a litigant more than $500,000.
Before jury deliberations last September, plaintiff Justine Branham and defendant Dr. Suresh Raina reached a high-low deal that was to give Branham no more than $800,000 but no less than $240,000 of any jury award in their medical malpractice dispute.
Branham was required to take the low number in the LARRY LEIFER event of a mistrial. But her lawyer, Larry Leifer of Leifer& Levine in Maplewood, argued the agreement didn't cover the weird outcome that occurred.
When the jury asked for a playback of crucial testimony, the tape was blank. So Essex County Superior Court Judge Verna Leath ordered a mistrial, and it looked like Leifer was stuck with the $240,000.
Leifer took the May 6 settlement when the defense agreed to throw in another $40,000, bringing the gross recovery to $280,000. The court never determined exactly what happened to the tape. Defense lawyer David Weeks, of Ruprecht, Hart & Weeks in Milbum, spoke for a lot of lawyers on Friday when he said, "We should have more court reporters."
