The case of a teen pedestrian who suffered serious injury as a result of being struck by a vehicle will be retried after the Hawaii Supreme Court ruled instructions to the jury prior to the verdict were both erroneous and prejudicial.
The case of Samson v. Nahulu was complex for the fact that it contained a host of witness descriptions of the incident, and several of those were conflicting. That meant there were many different issues of material fact for the jury to weigh. Juror instructions are critical in any injury lawsuit, and mistakes could open the door for a successful appeal – no matter which side prevails at trial.
Both plaintiffs and defendants have the opportunity to propose jury instructions on various issues of law as they pertain to the case, through it’s ultimately up to the judge whether to approve or reject submissions. Continue reading ›