Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Appeals court revisits jury 'impact' instruction and whether COVID delays alter prejudgment interest
Summary
In McDonough v. Paudell the panel examined whether a trial judge’s supplemental jury instruction that used the word “impact” could have led jurors to conflate lesser effects with but‑for causation. The court also heard competing arguments about whether pandemic-related delays justify tolling statutory prejudgment interest.
The Appeals Court heard argument in a medical-negligence appeal in which the plaintiff challenged a trial court’s response to a jury question about causation (the jury asked whether negligence merely need have an “impact” on a harm) and separately asked the court to revisit a trial-court decision about whether prejudgment interest should have been tolled or reduced because of COVID-related delays.
Plaintiff counsel acknowledged he did not formally object to the…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
