Skip to main content
· 12/9/1981

Morley v. SUPERIOR COURT OF ARIZONA, ETC.

Citations

  • 638 P.2d 1331
  • 131 Ariz. 85
  • 27 A.L.R. 4th 575
  • 1981 Ariz. LEXIS 278

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that, in the liability phase of a trial, the defendant’s right to an unbiased jury might be prejudiced if the plaintiff’s physical condition “is so pitiable that the trial court determines the plaintiff’s mere presence would prejudice the jury”
  • holding that plaintiff, who was comatose, required a tracheostomy to breathe, was fed via a feeding tube, and was unable to communicate with his lawyers, was properly excluded from liability phase of trial because his presence would prejudice the jury
  • despite adopting the Helminski test, reversing the judgment based on the plaintiffs exclusion from the damages phase of the trial
  • “A jury should not decide liability based on the severity of the plaintiffs injury, but certainly the jury should award damages based on the severity of the plaintiff’s injuries.” (emphasis in the original)
  • plaintiff was in a coma and unable to communicate
  • plaintiff was in a coma and unable to communicate

Source: CourtListener parenthetical corpus (CC0).

Judges: Gordon, Struckmeyer, Holohan, Hays, Cameron

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.