Katherine Baker and Morgan McCarthy, Individually & p.p.a. Autumn McCarthy v. Women & Infants Hospital of Rhode Island

Syllabus

The plaintiffs appealed from a Superior Court order denying their motion for a new trial following a jury verdict in favor of the defendant, Women & Infants Hospital of Rhode Island, in this medical negligence action. Before the Supreme Court, the plaintiffs contended that the trial justice erred in denying their motion for a new trial because, they maintained, the defendant's closing argument was plainly improper, incurably prejudiced the plaintiffs, and produced a tainted verdict. The Supreme Court concluded that the comments made by the defendant exceeded the proper bounds of closing argument and were plainly improper because the defendant directed the jury to send a message by their verdict. The Supreme Court also held that the trial justice was clearly wrong in finding that the defendant's closing argument did not result in prejudice to the plaintiffs. Lastly, the Supreme Court concluded that the trial justice's admonitions to the jury were insufficient to neutralize the prejudicial effect of defense counsel's comments. Accordingly, the Supreme Court reversed the order of the Superior Court and remanded the case to the Superior Court for a new trial.