In McArdle v. Hurley , FBI Special Agent Barbara McArdle was injured when she was hit by a car while in a cross walk. After a number of surgeries, she was advised to retire from her job.
At the trial of her personal-injury case, defense counsel made much of the fact that McArdle's husband was collecting a pension as a retired police officer on disability pay, and, in summation, claimed that McArdle was "snowing" the jury and that her claim was "designed for her to max out in the civil justice system."
The Westchester County Supreme Court jury ended up awarding McArdle $40,000 for past pain and suffering, $2,000 for medical expenses, and nothing for future medical expenses, past and future lost earnings, and future pain and suffering.
On appeal, the Appellate Division, Second Department, agreed that a new trial was warranted because defense counsel's "inflammatory" conduct "so contaminated the proceedings as to deprive [McArdle] of a fair trial."
The defense flamed out there.
To download a copy of the Appellate Division's decision, please use this link: McArdle v. Hurley