· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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